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5.a)1) Minutes 09-18-12 . � a i � September 18, 2012 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 Connie Amos, Jim Schneider, Sally Swanson and Mayor Randall Simonson. Absent: Council member Chris Ness, City Administrator Anne Hurlburt. Staff present: City Administrator Kristina Handt, City Attorney Tom Miller, City Planner Sherri Buss, City Engineer Phil Gravel, Fire Chief Jim Finnegan, Police Deputy Chris Majeski, Maintenance Superintendent Tim Kieffer and Deputy Clerk Brenda Eklund. PUBLIC FORUM There were no public comments. Mayor Simonson introduced City Administrator Kristina Handt, who began her position with the City on September 17, 2012. Current City Administrator Anne Hurlburt will retire from her position on October 6, 2012. APPROVAL OF AGENDA Mayor Simonson introduced the following additions to the agenda: 8.fl1) Award 237`�' Street Paving Project and 9.e) Discussion of gift for Mayor of Upsala, Sweden. Schneider, seconded by Simonson, moved to approve the agenda as amended. The motion carried 4-0. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) August 21, 2012 Regular Meeting 2) August 28, 2012 Special Meeting 3) September 11, 2012 Work Session Meeting b) Treasurer's Report Beginning Balance 08/O1/2012 $2,919,518.06 Receipts + 23,751.59 Expenditures $ 450,865.15 Payroll 25.672.08 - $476.537.23 Adjustments: State Surcharges cleared + $349.50 Ending Balance 08/31/2012 $2,467,081.92 c) Payment of Vouchers d) Appointment of Responsible Authority for Data Practices (Resolution No. 09-18-12-01) e) Approve 2013 Operating Budget, Forest Lake Cable Commission (Resolution No. 09-18- 12-02) fl Approve 2013 Health Insurance Renewal (Resolution No. 09-18-12-03) g) Correct Error in Legal Description, Resolution Approving Variance and Conditional Use Permit for 18819 Layton Avenue North (Resolution No. 09-18-12-04) h) Approve 2013 Purchase of Service Agreement with Lakes Area Youth Service Bureau September 18,2012 Scandia City Council Page 2 of 8 Schneider, seconded by Amos, moved to approve the Consent Agenda as presented. Regarding Item S.e) Operating Budget of the Forest Lake Cable Commission, Council member Swanson questioned the City's contribution of 100% of the collected franchise fees as revenue to the Cable Commission. Swanson stated that Scandia is the only one of the three communities within the joint powers ageement which contributes the entire franchise fee, and should a portion be held back to use for other purposes? Mayor Simonson explained if the City did hold back a portion of the franchise fees,that according to the agreement, the funds must be used for the purposes of public access and cannot go into the general fund. Mayor Simonson called for a vote on the motion to approve the Consent Agenda. The motion carried 4-0. PARK AND RECREATION COMMITTEE Recommendation for Changes to Ordinance No. 115,Establishing Rules and Regulations for the Use of Scandia Parks Park and Recreation Committee Chair Alex Bildeaux presented a recommendation for changes to Ordinance No. 115, concerning the rules and regulations for Scandia Parks. Bildeaux explained that the Committee discussed the ordinance at their September 10 meeting and identified the following changes: • Replace"Wind in the Pines Park" with"Wind in the Pines Preserve"to align with Ordinance No. 62. • Extend park closing hour to 11:00 p.m. • Add"No overnight parking"to Subdivision 5 to deter camping. • Prohibit any type of fire (including the use of grills) in Wind in the Pines Preserve due to its natural,wooded environment. • Add language to Subdivision 10 to require pet owners to clean up pet waste. � Research how "Conceal and Carry" laws align with the prohibition of firearms in Subdivision 12. Regarding the possession of firearms, Deputy Majeski advised the rule remain as it is now written. Unless the rule is actively prohibited, a license to carry a concealed weapon could be allowable. City Attorney Miller was directed to clarify this issue. Simonson, seconded by Schneider,moved to direct staff to prepare the changes to Ordinance No. 115 as recommended by the Park and Recreation Committee. The motion carried 4-0. The revised ordinance will be reviewed at a future Council meeting. Funding for Lilleskogen Park Improvements Mike White, Park and Recreation Committee member, discussed the Committee's recommendation for funding proposed improvements to Lilleskogen Park. White explained that the Committee has shifted the priority of completing the parking lot to a project of removing fallen and invasive trees and killing off the reed canary grass. White described the project as September 18,2012 Scandia City Council Page 3 of 8 "grubbing", which would be a start to the restoration of the park. The Committee concluded that grants to complete the parking lot are not obtainable,but there is a much better chance of getting grants and contributions to apply towards restoration work. White presented two proposals from local businesses for this work, estimated to cost between $8,000 to $14,000. White noted the $4,000 in this year's budget to begin the work. The Committee has requested the City allocate $15,000 to fund project improvements in 2013. Council member Swanson distributed the Lilleskogen Park Restoration Plan to council members. Swanson noted that the implementation plan identifies seasonal work projects that continue over a three-year timeframe. Council member Schneider asked Maintenance Superintendent Kieffer if the Public Works Department could mow and clear the park area? Kieffer replied that it would take away time and money from the department's other projects. Mayor Simonson asked Mr. White if the objective this fall is to create a wide open trail through the park, following the trails that were in place years ago. White answered yes, the ground would be cleared in an effort to "find stuff' and the canary grass in the wetland area burned away. Council member Schneider asked if clearing the area this fall may be a losing battle. If the brush grows up again next year, it's money wasted. Future funds are needed to continue the work. Tom Triplett,member of the Scandia-Marine Lions contribution committee, addressed the Council with information that the Lions could contribute funding if they knew the City was committed to a long-range funding plan for Lilleskogen Park. Triplett stated that the Lions would like to work strategically with the City on appropriate park projects. Council member Swanson explained that grant money for internal work could be available now that the project has shifted its focus. There is interest from volunteers to complete some of the work. Mayor Simonson stated that the investment in this initial work could start a chain reaction of further grants and contributions to get the park completed,but the Lions are looking for a city commitment to finish the park. Council member Schneider stated that the City needs to figure out where the money will be coming from. Council member Swanson agreed that the budget needs to be better understood. Mayor Simonson stated that there are too many unknowns right now and this issue would be better addressed at the next Council work session,being held on October 9, 2012. Mr. White was invited to attend the meeting. September 18,2012 Scandia City Council Page 4 of 8 PLANNING COMMISSION Variance from Front Yard Setback to Allow Construction of Septic System and Well at I3350 182nd Street North. Jim and Sue Dickens,Applicants (Resolution No. 09-18-12-OS) The Planning Commission held a public hearing on September 4, 2012 on the application of Jim and Sue Dickens for a Variance from the front yard setback to allow construction of a septic system and well at 13350 182°d Street North. The Commission recommended approval of the Variance with findings and conditions which were presented in a draft resolution for the Council's consideration. City Planner Sherri Buss summarized the Applicant's request to replace an existing well and septic drainfield with a new well and septic which will be approximately 25 feet from 182"a Street. A variance is needed from the 40-foot roadway setback. A house expansion is also proposed,which will need an Administrative Permit. Buss explained the findings and conditions as written into the resolution. The request is in harmony with the Comprehensive Plan and the intent of the Shoreland regulations to locate the facilities outside the Ordinary High Water setback of Big Marine Lake. A grading plan for erosion control must be submitted prior to construction. Simonson, seconded by Amos, moved to adopt Resolution No. 09-18-12-05, Approving Variance for 13350 182"d Street North. The motion carried 4-0. Variance from OHWL Setback for Relocation of Driveway,Detached Garage and Lot Consolidation/Lot Line Adjustment at 12414 228`h Street North. Mark Lenz,Applicant (Resolution No. 09-18-12-06) The Planning Commission held a public hearing September 4, 2012 on the application of Mark Lenz for a Variance from the Ordinary High Water Level (OHWL) setback of Bone Lake for the relocation of a driveway and construction of a detached garage. The request also required a Variance from the required minimum frontage of 300 feet on a public road to consolidate three parcels into one parcel. The Commission recommended approval of the Variances with findings and conditions which were presented in a draft resolution for the Council's consideration. City Planner Sherri Buss summarized the Applicant's request to replace a dilapidated garage,to relocate a shared driveway east of the proposed garage, and to consolidate three small parcels into a single 5.7-acre parcel. The new parcel would have 241 feet of frontage on 228th Street. Buss explained that although the new driveway does not meet the 100-foot setback requirement, the new location improves the relationship of the driveway to the lake and improves the safety and privacy for both users of the shared driveway. Conditions of approval include meeting standards for emergency vehicle access. A Watershed permit for erosion and sediment control will be needed, along with an Administrative Permit for expansion of the existing home. Simonson, seconded by Swanson, moved to adopt Resolution No. 09-18-12-06, Approving Variance for 12414 228th Street North. The motion carried 4-0. September 18,2012 Scandia City Council Page 5 of 8 Update of Local Water Management Plan Chapter of Scandia Comprehensive Plan (Resolution No. 09-18-07) City Planner Buss presented the final Local Water Management Plan which was recommended for approval by the Planning Commission at their September 4, 2012 meeting. The Metropolitan Council and the two area Watersheds have also recommended approval of the plan,with the Rice Creek Watershed District anticipating approval at their board meeting on September 26. The updated Plan will be Appendix E of the City of Scandia's Comprehensive Plan. Simonson, seconded by Swanson, moved to adopt Resolution No. 09-18-12-07, Adopting the City of Scandia Water Management Plan. The motion carried 4-0. BUILDING OFFICIAL The Council received Building Official Keith Wille's report on building activity for the month of August. Five permits were issued, one being a new construction permit. Inspections numbered twenty-seven. POLICE DEPARTMENT Deputy Chris Majeski reported on police activity over the past month. A burglary of a shed along Highway 97 is being investigated. William O'Brien State Park has been the site of complaints. Majeski reported that the department is receiving speeding,jake braking, and unsecured load complaints regarding hauling trucks. FIRE DEPARTMENT Fire Chief Jim Finnegan reported that the department responded to twenty seven calls in August, six fire related and twenty-one medical calls. Finnegan explained that the County will be testing a software system in Scandia for the purpose of improving mutual aid response calls. A committee to work on the replacement of Engine 5180 has been formed. A house burn will be conducted at Keystone and 192°d Street on November 10 as training for the new firefighters. The department will hold the annual Open House on October 8, 2012 during Fire Prevention Week, and will again host the Safe Halloween Event on October 31. Donation from Scandia Marine Lions Club and Amendment to 2012 Budget(Resolution No. 09-18-12-08) The Scandia Marine Lions Club has made a cash donation in the amount of$2,000 to be used for the purchase of a winch and trailer for the department's Polaris Ranger UTV. A budget amendment is necessary to reflect the revenue from the donation and the expense of the equipment purchase. Simonson, seconded by Amos, moved to adopt Resolution No. 09-18-12-08,Accepting a Cash Donation from the Scandia Marine Lions Club and Making Related Amendments to the 2012 City Budget. The motion carried 4-0. CITY ENGINEER City Engineer Phil Gravel presented a verbal report. A second round of monitoring well sampling is scheduled in October for the Anderson/Erickson septic system. The County will September 18,2012 Scandia City Council Page 6 of 8 begin the curb and gutter project along Olinda Trail in October. The Goose Lake ravine project plans were reviewed. CITY ATTORNEY City Attorney Tom Miller presented a written report on legal services provided to the City within the past month. A number of contracts were reviewed and revisions were recommended. MAINTENANCE SUPERINTENDENT Maintenance Superintendent Tim Kieffer reported on the department's activity within the past month. Kieffer is working with the Watershed on plans to improve erosion control at the Log House Landing. Council member Schneider asked if salt has been pre-ordered for the winter season. Kieffer stated that he will arrange that once the final budget amount is determined. Award the 237`h Paving Project Maintenance Superintendent Kieffer presented two bids for a 237th Street paving project. Last year the broken asphalt was removed and gravel added to a 340-foot section of the road. Kieffer recommended that the road section be paved using funds available in the contractual maintenance budget. Two quotes for the project were received: • Interstate Companies, Inc. $20,750.00 • FPI Paving Contractors, Inc. $20,950.00 Kieffer and City Engineer Gravel recommended the project be awarded to Interstate Companies. Council member Schneider asked if base improvements done last year were sufficient to hold up with the proposed paving. Kieffer explained that at least one foot of clay soil was dug out and a good aggregate base laid down last year. Schneider asked if the project could be done in-house. Kieffer recommended this be contracted out due to the increased lift and heavier paving equipment needs versus the work which was done on Melanie Trail. Swanson, seconded by Simonson, moved to award the 237th Street Paving Project to Interstate Paving in the amount of$20,750.00.The motion carried 4-0. WASTEWATER OPERATIONS AGREEMENT WITH ECOCHECK FOR BLISS COLLECTOR SEWER SYSTEM The City currently has an agreement with Washington County Department of Public Health and Environment for operation of the Bliss Collector Sewer System. Earlier this year,the City contracted with EcoCheck(Natural Systems Utilites, Inc.) for operation of the Uptown and Anderson-Erickson Collector systems. Administrator Hurlburt recommended that the City extend the maintenance contract with EcoCheck to the Bliss System. Council member Schneider stated that it is a good company and it would be a benefit to have them run the three systems. The County agreement may be terminated with a 90-day notice if the City hires another service provider. I September 18,2012 Scandia City Council Page 7 of 8 Simonson, seconded by Schneider, moved to approve the agreement with EcoCheck and authorize the Mayor and Administrator to sign on behalf of the city. The motion carried 4- 0. Simonson, seconded by Swanson, moved to direct staff to provide the required 90-day written notice to Washington County terminating the agreement for operation and maintenance of the Bliss System. The motion carried 4-0. DRAFT CITY NEWSLETTER, FALL 2012 The Council reviewed a draft of the fall newsletter which will be mailed to all Scandia residents on approximately October l, 2012. Council member Swanson stated that she will provide additional information about the Fall Harvest Fest and will e-mail the details to City Administrator Handt. AMENDMENTS TO 2012 BUDGET, PUBLIC WORKS DEPARTMENT (RESOLUTION NO. 09-18-12-09) Maintenance Superintendent Kieffer explained that the deparhnent has purchased needed equipment beyond the allotment for the 2012 budget. There are sufficient funds available in the wages, health insurance, and contractual road maintenance line items this year to allow for the purchases. A budget amendment is needed to move the funds to the appropriate line items for auditing purposes. Simonson, seconded by Swanson, moved to adopt Resolution No. 09-18-12-09,Amending 2012 General Fund/Public Works Department Budget. The motion carried 4-0. ENCROACHMENT AGREEMENT WITH CARNELIAN-MARINE-ST. CROIX WATERSHED DISTRICT. GOOSE LAKE RAVINE RECONSTRUCTION PROJECT The Carnelian-Marine-St. Croix Watershed District(CMSCWD) is proposing to construct and maintain erosion stabilization improvements to a ravine at 21830 Olinda Lane that drains to Goose Lake. An encroachment agreement is needed to allow the CMSCWD to build and maintain the project in the city's right-of-way. City Engineer Gravel stated that he reviewed the plans and all maintenance concerns have been addressed. City Attorney Miller has found the encroachment agreement to be in order. CMSCWD Administrator Jim Shaver commented that the project will improve the water quality of Goose Lake. Simonson, seconded by Shaver, moved to approve the Encroachment Agreement with the Carnelian-Marine-St. Croix Watershed District to allow construction of the Goose Lake Ravine Stabilization Project in the city's right-of-way. The motion carried 4-0. September 18,2012 Scandia City Council Page 8 of 8 DISCUSSION OF GIFT ON THE CITY'S BEHALF TO THE MAYOR OF UPSALA, SWEDEN Mayor Simonson explained that he has been invited to a private event hosted by the Gammelgarden Museum for the purpose of ineeting visiting dignitaries from Upsala, Sweden, and he would like to present them with a gift from the City. Simonson questioned if this is an appropriate use of city funds. City Attorney Miller advised that it is allowed as a gesture of goodwill and public relations. Simonson, seconded by Amos, moved to allow for the purchase of a gift from the City to be presented to visiting dignitaries on October 7,2012, not to exceed $100.00. The motion carried 4-0. ADJOURNMENT Schneider, seconded by Amos, moved to adjourn the meeting. The motion carried 4-0. The meeting adjourned at 8:28 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk