5.a1 minutes of the 11-15-16 MeetingNovember 15, 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, 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) October 17, 2016 Special Meeting
2) October 18, 2016 Regular Meeting
3) November 2, 2016 Work Session
b) Treasurer's Report
Beginning Balance 10/01/2016 $2,582,920.51
Receipts $30,970.20
Expenditures $75,961.81
Payroll $25,150.18 $(101,111.99)
Ending Balance 10/31/2016 $2,512,778.72
c) Payment of Vouchers
d) Hire Seasonal Part-time, On -Call Maintenance Staff (Snow Removal)
e) Hire Ice Rink attendants
f) Approve 2017 Tobacco License Renewals: AJL Enterprises dba Scandia Olde Towne
Liquor, Todd's Home Center
g) Approve 2017 Liquor License Renewals: AJL Enterprises, Inc. dba Scandia Olde
Towne Liquor (Off -Sale)
h) Approve Temporary Liquor License, Meister's, Scanley Cup, January 27-28, 2017
i) Canvass Results of November 8, 2016 Municipal Election (Resolution No. 11 - 15-16-
05)
j) Accepting donation from Fire Relief Association for the purchase of equipment
(Resolution 11-15-16-06)
Ness, seconded by Lee, moved to approve the Consent Agenda as presented. The motion
carried 5-0.
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PUBLIC HEARING: APPLICATION FROM CITIZENS COMMUNICATION, LLC
(FRONTIER) FOR A CABLE COMMUNICATIONS FRANCHISE
Following the notice issued at the October 18th Council meeting seeking applications for
competitive cable communication franchises, one application was received by the November 8th
deadline. Jack Philips, Citizens Telecommunications Company LLC (Frontier), was present to
explain their proposal to deliver cable type content over existing internet connections to area
residents.
Mr. Philips stated that Frontier will be making improvements to its fiber nodes and cabinets to
increase bandwidth and speed for its new Vantage TV product. He described the proposal would
be to add a next generation video experience that would be a competitively priced alternative to
cable. Phillips also noted that the City would receive franchise and PEG fee revenue. With
upgrades to the existing infrastructure, customers can anticipate download speeds of 40-50
megabytes/second compared to current 6-12 mb/s speeds. The product is currently being
delivered in the south metro this year with expansion to begin in this area during 2017.
Mayor Simonson opened the public hearing at 7:19 p.m.
Residents had questions about cost. Mr. Philips said that Frontiers base product with increased
speed will be delivered at the same cost as the customer's monthly bill, but tiered pricing may be
offered for even higher speeds. Subscribing to Vantage TV will be competitively priced to cable
television. A resident asked how their support for these improvements can be communicated to
Frontier. Philipps said that he would bring a message to management that improved service is
very important to the area, especially home based businesses, and badly needed. A question on
the affect to Midcontinent's franchise agreement with the city answered that it would have no
effect other than adding to the competitive market.
Steve Kronmiller said that he's in favor of the improvements to bandwidth and it's a good start,
but other providers like Midco and Centurylink are providing potential of one gigabyte speeds.
He said it will fill a hole but realistically it's not comparatively high speed.
Residents were directed to search the FCC website for CAF funding maps showing projected
service upgrades.
There were no further comments and Mayor Simonson closed the hearing at 7:40 p.m.
Council member Lee said there is urgency in getting high speed internet to the area and the EDA
should make this a priority in finding solutions. Mayor Simonson noted that lower density in
Scandia makes it prohibitive for Midcontinent to expand their cable service. The Council further
discussed Frontier's application later in the meeting.
PUBLIC HEARING: CERTIFICATION OF UNPAID CHARGES FOR 201 SEWER
SYSTEM FOR COLLECTION WITH PROPERTY TAXES
Treasurer Colleen Firkus sent notices to 20 account holders with unpaid 2016 sewer charges that
a public hearing would be held on this date for property owners to have an opportunity to object
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to the certification of the unpaid charges to their 2017 property taxes. Mayor Simonson opened
the hearing at 7:44 p.m. There were no speakers and the hearing was closed.
The Council took action on the certification later in the meeting.
PARKS AND RECREATION COMMITTEE
Parks and Recreation Committee Vice -Chair Greg Zauner reported on the Committee's past
meeting. Plans for the annual Vinterfest event are proceeding. Scanley Cup organizer Corey
Roberts asked for the rink to be closed on Thursday, January 26 to better prepare and preserve
the ice rink for the hockey tournament to begin the following Friday evening. Roberts also asked
that extending the hockey games into Sunday be a contingency plan if games need to be
postponed due to poor ice conditions. Discussion on installing the lines under the ice concluded
that Roberts be given the option to decide if they should be used, as having them last year
accelerated ice melt by creating thermal hot spots by UV absorption.
Zauner described a new Vinterfest activity planned called Kubb. The Scandinavian game played
with wooden blocks will be run as a tournament on the t -ball field during the afternoon of
January 28th. The organizers will provide for all the setting up and running of this game.
Zauner explained that the Vinterfest button design contest will be offered to the sixth grade class
again and the Committee is recommending a $25 cash prize from the events budget for the first
place winner.
The Forest Lake YMCA has proposed a new summer program called Park Play Days, offered for
two sessions of Monday -Thursday for five weeks each at a cost of $2,000. Zauner noted that the
Camp Lakamaga programs have seen declining enrollment the past few summers, and the
YMCA program has been successfully run in Forest Lake and Wyoming. Discussion of this
funding request will be taken up at the next budget session.
PLANNING COMMISSION
Variances for an Accessory Structure at 20919 Quint Avenue — Pam and Michael Smith,
Applicants
Planner Buss provided the recommendation from the Planning Commission for approval of
variances to replace two existing structures and a concrete wall with a new larger garage at
20919 Quint Avenue. Variances are needed from the St. Croix Riverway setback, bluffline, and
disturbing slopes greater than 25%. Buss explained that the substandard building cannot be
located anywhere on the property that meets setbacks and the proposed location has the least
impact on the River. The building would be excavated 24' into the hillside and would be located
95 feet from the river's OHWL (200 feet required) and 0 feet from the bluffline (100 feet
required). The applicants have obtained approval from the National Park Service based on
impact to their scenic easements and from MN DNR with conditions to minimize views from the
river and provide a soil and erosion control plan.
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The Planning Commission asked if the historic ice storage structure could remain in place. The
NPS agreed that it could be preserved as a historic structure and integrated into the new retaining
wall provided that detailed grading plans are provided to show that it could be held in place
during construction.
Council discussion concluded that there are many concerns of constructing a building into the
steep slopes and the revegetation of the area that would need to be excavated to construct the
building. Peter Curtis, the architect designing the garage for the Smiths, was present and
explained that they have consulted with a soil engineer to ensure that the excavation and
proposed structure are feasible. City Engineer Goodman provided recommendations for a swale
behind the garage to direct runoff around the building.
Mayor Simonson noted that this proposes a massive hole into the hill and he would have a
difficult time supporting the variance for such a significant alteration to the bluff within the
riverway. He questioned how construction within a 50% slope could be allowed when the code
prohibits alterations to slopes over 25% and noted that this is not a minor variance.
Council member Ness said that he attended the site visit, and it may be helpful to the others to
view the site. Council was agreeable to this and each will visit the site.
Simonson, seconded by Lee, moved to table action on the Variance at 20919 Quint Avenue
to defer any action in order to allow Council members to view the site. The motion carried
5-0.
Conditional Use Permit for a Community Solar Garden at 21509 Lofton Avenue, Donald &
Marilyn Hogle Trust. Novel Energy, Applicant (Resolution No. 11-15-16-02)
Planner Buss presented the Planning Commission's recommendation of approval of a
Conditional Use Permit for a Community Solar Garden at 21509 Lofton Avenue, owned by the
Marilyn & Donald Hogle Trust. The 40 kW solar array will be less than an acre in size and
meets all the setbacks and criteria of the ordinance. Conditions were presented in a resolution
that included screening the project from views along Lofton Avenue. The Planning Commission
waived the requirement for wildlife friendly fencing that has a one -foot gap along the bottom;
however, Buss explained that the ordinance requires wildlife friendly fencing as a performance
standard and that a variance from this standard could not be found as a practical difficulty, so the
condition remained in the resolution.
Council member Schneider noted that Condition #2 should replace Uniform Building Code with
the Minnesota State Building Code.
Ness, seconded by Hegland, moved to approve Resolution No. 11-15-16-02, Approving a
Conditional Use Permit for a Solar Community Garden at 21509 Lofton Avenue, with a
correction to Condition #2. The motion carried 5-0.
BUILDING OFFICIAL
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Building Official Chuck Preisler's report was received. Twenty-four permits were issued in
October at a valuation of $388,089.
FIRE DEPARTMENT
Fire Chief Mike Hinz reported that the Department responded to 6 fire and 7 rescue calls last
month. The department hosted the annual open house during fire prevention week and the Safe
Halloween event.
CITY ENGINEER
City Engineer Ryan Goodman reported that the contractor is doing final cleanup along roadways
of the street improvement project (2361h/237th/Oldfield) and will prepare project closeout for the
December Council agenda, along with closeout of the seal coat project.
CITY ADMINISTRATOR
City Administrator Neil Soltis reported that it appears feasible to install concrete planking on the
Log House Landing boat ramp instead of a slab pour. The planks can be purchased from the
same supplier the DNR uses. The NPS sign at the Landing was vandalized within a week of its
installation last month. Dumping incidents of tires, miscellaneous garbage in the ditches is on
the increase this fall. The Wastewater Committee vacancies are being advertised on the website.
Dasher board and kick plate repairs are being done on the ice rink. The plow equipment is
prepped and ready for the snow season.
DISCUSSION ON APPROVING THE APPLICATION FOR A CABLE
COMMUNICATIONS FRANCHISE TO CITIZENS TELECOMMUNICATIONS
COMPANY (FRONTIER)
The public hearing was held earlier in the meeting, and the Council discussed the application
from Frontier. Council member Schneider asked if this could jeopardize the existing franchise
agreement with Midcontinent. Mayor Simonson replied that it would not.
Simonson, seconded by Ness, moved to approve Frontier's application for a cable
communications services franchise and to begin negotiations for a franchise agreement.
The motion carried 5-0.
APPROVING THE CERTIFICATION OF UNPAID CHARGES FOR 201 SEWER
SYSTEM FOR COLLECTION WITH PROPERTY TAXES (RESOLUTION NO. 11-15-
16-03)
The public hearing was held earlier in the meeting and no speakers appeared.
Ness, seconded by Hegland, moved to approve Resolution No. 11-15-16-03, Certifying
Unpaid Charges for 201 Community Sewage Treatment for Collection with Property
Taxes. The motion carried 5-0.
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DISCUSSION ON 2017 LIABILITY AND PROPERTY INSURANCE RENEWAL WITH
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
Administrator Soltis explained that the City must decide each year whether to waive the statutory
monetary limit on tort liability, and estimated that the City saves approximately $500 per year on
insurance premiums by not waiving the limit. The deductible has been $1,000 since 2012 and
Soltis recommended it remain at that amount.
Soltis also noted that the Council has opted not to cover property in the open such as lighting,
fences, and playgrounds; however, in the memorandum agreement for the Veterans Memorial the
City agreed to pay for property coverage for the memorial.
Rates for 2017 are not yet available, but a 3% increase is estimated in the 2017 budget.
Simonson, seconded by Schneider, moved to renew insurance coverage with LMCIT for
2017 and to not waive the tort liability limits. The motion carried 5-0.
DISCUSSION ON AMENDING ORDINANCE NO. 151 REGULATING PARKING OF
VEHICLES IN THE CITY (ORDINANCE NO. 178)
The Council reviewed Ordinance No. 178 that consolidated all the "no parking" roadways into
Section 3, as was discussed at the last work session. Ordinance No. 151 would be rescinded.
Simonson, seconded by Hegland, moved to adopt Ordinance No. 178, Regulating the
Parking of Vehicles in the City. The motion carried 5-0.
APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 178 (RESOLUTION
NO. 11-15-16-04)
Simonson, seconded by Hegland, moved to approve Resolution No. 11-15-16-03, Providing
for the Summary Publication of Ordinance No. 178. The motion carried 5-0.
DISCUSSION ON AMENDING POLICY ON ROAD RIGHT-OF-WAY MAINTENANCE
Administrator Soltis presented the policy on road right-of-way maintenance which reflected the
agreement reached at work sessions to alter the mowing practices to support wildlife species. A
five-foot width may be mowed beginning May 15th, and a full 8 -foot width after September 1St
Language included that the entire ROW may be mowed any time for safety.
Simonson, seconded by Ness, moved to adopt the Road Right -of -Way Maintenance Policy
as presented. The motion carried 5-0,
DISCUSSION ON APPOINTING PUBLIC WORKS DIRECTOR
Administrator Soltis reported that Adam Hawkinson accepted the terms of employment and has
passed the physical exams and testing. Hawkinson's start date will be December 12, 2016.
Simonson, seconded by Lee, moved to approve the hiring of Adam Hawkinson as Public
Works Director with terms stated in the staff report. The motion carried 5-0.
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DISCUSSION ON APPOINTMENT TO FOREST LAKE CABLE COMMISSION
Mayor Simonson announced that he is stepping down from his position on the Forest Lake Cable
Commission effective November 30, 2016. This will result in no representation from the City on
the Cable Commission. Council will discuss an appointment to the Commission along with
other annual appointments at the January work session.
ADJOURNMENT
Ness, seconded by Schneider, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 9:10 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk