03-21-2017 MeetingMarch 21, 2017
A regular meeting of the Scandia City Council was held on the above date. Mayor Maefsky
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, Chris Ness, Steve
Kronmiller, Jim Schneider and Mayor Christine Maefsky. Staff present: City Administrator Neil
Soltis, City Planner Sherri Buss, City Engineer Ryan Goodman, City Attorney Andy Pratt, Police
Deputy Brandon Yetter, Public Works Director Adam Hawkinson and Deputy Clerk Brenda
Eklund.
PUBLIC FORUM
Kim and Matt Burke said they wanted to speak about dust control, and were informed that
discussion on dust control is Agenda Item 9.c) and they could make comments at that time.
APPROVAL OF AGENDA
Ness, seconded by Kronmiller, moved to approve the agenda as presented.
Council member Schneider said he noticed that the items listed on the agenda differ from what is
in the meeting packet, giving as an example Agenda Item 9.e) Communication Policy having a
sub -item 9.e)1) in the meeting packet as a document referencing the Log House Landing.
Administrator Soltis clarified that the Log House Landing document is included as an example
for the discussion of a communication policy only and is not an action item.
A vote was taken on the above motion. The motion carried 5-0.
CONSENT AGENDA
The following Consent Agenda was presented:
a) Minutes
1) February 21, 2017 Regular Meeting
2) February 21, 2017 Special meeting
3) March 1, 2017 Work Session
b) Treasurer's Report
Beginning Balance 2/1/2017
Receipts
Expenditures $180,442.95
Payroll $25,044.89
Adjustments: HSA Deduction
State Surcharges 4th Qtr 201
Sales & Use Tax 2016
Correct receipt
Ending Balance 2/28/2017
c) Payment of Vouchers
$3,240,342.49
$24,170.79
$(205,487.84)
$(2.00)
6 $816.77
$20.00
$0.08
$3,059,860.29
Kronmiller, seconded Ness, moved to approve the Consent Agenda as presented. The
motion carried 5-0.
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PARKS AND RECREATION COMMITTEE
Program Agreement with Girl Scouts of MN and WI River Valleys for Summer Recreation
Programs
Parks and Recreation Committee Chair Ryan Jinks stated that the Committee has recommended
a continued partnership with Camp Lakamaga for summer recreation programs for youth.
Council was in consensus to approve the agreement as presented, with cost sharing the program
revenue as 80% to the Girl Scout Council and 20% to the City.
Appointment of Parks and Recreation Committee Chair and Vice Chair
At their March 6th meeting, the Parks and Recreation Committee voted Ryan Jinks as
Chairperson and Terry Gorham as Vice Chairperson.
Schneider, seconded by Hegland, moved to approve Jinks as Chair and Gorham as Vice
Chair of the PRC for 2017. The motion carried 5-0.
PLANNING COMMISSION
Variances for 23271 Lofton Court North. Joe Ackerman, Applicant (Resolution No. 03-21-17-
01)
Planner Buss presented the recommendation from the Planning Commission's March 7th meeting
to approve variances to permit construction of a single-family dwelling that is 78' from the
Ordinary High Water Level of Bone Lake and 15' from the top of the bluff at 23271 Lofton
Court.
Planner Buss explained that the applicant was approved for similar variances in 2009, but the
home was not constructed and the variance expired. With this application, Ackerman proposed
moving the house 18' closer to the lake to accommodate a septic system on the road side of the
lot that meets County Ordinance requirements. Upon review, it was determined that the house
could meet the 78' setback and still have space for an approved septic system and backup. A
revised survey showing this setback was received on March 10th and reviewed by Buss. Buss
explained that the deck along the lakeside was increased significantly on the 2017 plans, and the
applicant fulfilled the request to reduce its size and design as to what was approved on the 2009
plans.
A resolution for approval with findings and 8 conditions was presented. Conditions included
submission of a grading plan to address the County's recommendations, a Watershed Permit with
shoreline buffer, and an escrow deposit to guarantee removal of an existing garage when
construction of the site is completed.
Council member Schneider questioned the setback of nearby homes. Buss stated that
surrounding properties have homes 75' to 85' from the lake, and this approval will maintain
consistency with the neighborhood.
Ness, seconded by Schneider, moved to approve Resolution No. 03-21-17-01, Approving a
Variance for 23271 Lofton Court North. The motion carried 5-0.
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BUILDING OFFICIAL
Building Official Chuck Preisler's building activity report was received. In February, 14 permits
were issued at a valuation of $809,591.60.
POLICE DEPARTMENT
Police Deputy Brandon Yetter reported that he has been conducting traffic control along
Highway 97 in response to complaints that commuters are speeding. Yetter said he has been
accompanied by a recruit in -training for the past few weeks.
FIRE DEPARTMENT
The fire department activity report was received. There were 17 calls in February; 4 fire related
and 13 medical.
CITY ENGINEER
City Engineer Ryan Goodman provided the engineering report. He had met with staff to review
and develop road projects for the 2018-2022 Capital Improvement Plan.
CITY ATTORNEY
City Attorney Andy Pratt reported that he is following legislative action that may affect cities.
Arguments for a Wisconsin land use case related to using zoning to force the consolidation of
lots were recently heard by the U.S. Supreme Court.
DIRECTOR OF PUBLIC WORKS
Public Works Director Adam Hawkinson reported that the crew responded to tree removal in the
right-of-way due to high winds earlier in the month. He said he would like to work on dead tree
removal throughout the year as part of a forest management plan. Hawkinson said he would like
to provide resident communication about mailbox placement, since mailboxes that were
damaged during snowplow operations this winter were all outside of height requirements.
Building maintenance continues, with 45 burned out fluorescent lights replaced in the
Community Center and office area. In answer to an inquiry on replacement to LED lighting,
Administrator Soltis replied that the payback period in energy savings for switching the
Community Center lights to LED would not be favorable due to the limited use of most areas in
the building.
ADMINISTRATOR'S REPORT
Administrator Soltis reported that the auditors completed their work on 2016 finance records on
March 6 and 7 which went quite well. The year ended with a $25,496 General Fund surplus. In
preparation for the Board of Appeals on April 10th, Soltis provided a chart of valuation trends
since 2013 with most properties showing increases of 0.1-5% in valuation and with many having
no change. The first meeting of the Comprehensive Plan Steering Committee was held on March
9th, with the next meeting scheduled for April 20th
Mayor Maefsky suggested that the materials found on the City's website regarding the
Comprehensive Plan process should also be added to the Bolton & Menk site. Soltis offered to
work with the consultant to simplify the process of finding information. Maefsky had questions
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on the bills before the state legislature that could affect Scandia, and Soltis will continue to
follow and report on them.
AWARD BID FOR THE 2017 CRACK FILLING PROJECT
Last month the City approved the plans for the 2017 Crack Filling Project. City Engineer
Goodman presented the following quote summary:
Company Total
Astech Corp. $32,200.00
Allied Blacktop Company $33,800.00
Gopher State Sealcoat, Inc. $34,000.00
Fahrner Asphalt Sealers, LLC $53,400.00
Goodman recommended awarding the project to the lowest bidder, Astech Corp.
Schneider, seconded by Hegland, moved to award the 2017 Crack Filling Project to Astech
Corp. in the amount of $32,200.00. The motion carried 5-0.
PLANS AND SPECIFICATIONS FOR THE 2017 SEAL COATING PROJECT
Last month the City authorized the preparation of plans for the 2017 Seal Coat Project, which
has been completed. City Engineer Goodman requested authorization for advertising for bids,
with a bid opening date of April 12th and possible award at the April 18th Council meeting.
Ness, seconded by Schneider, moved to approve the 2017 Seal Coat Project plans,
specifications and authorize advertisement for bids. The motion carried 5-0.
Goodman stated that if bid amounts come in under the $200,000 budgeted for the crack filling
and seal coat projects, more roads can be added to the projects.
DUST CONTROL FOR 2017
Public Works Director Hawkinson reported on proposals received for dust control based on
modifying the project to provide for late spring and late summer applications of calcium chloride
applied at a lower concentration than previous years. The lowest proposal received was
submitted by NSI at a cost of $0.894 per gallon.
Kim and Matt Burke, 22810 Perkins Avenue, stated their opposition to dust control. They said
the product is very damaging to their vehicles and gets tracked into their house, especially during
the first two weeks of the application. They would like to see the practice of applying annual
dust control ended on their road, including Pilar Road. They noted the runoff can be harmful to
vegetation and waterways.
Council member Schneider said that comments on dust control come from both sides — some
residents along gravel roads request more applications throughout the season. Engineer
Goodman noted that applying lower concentrations will result in a less thick product on the
roadway, and they could possibly forgo the second treatment. Hawkinson explained that the
length of time for the product to settle into the road is slower under dry conditions and low traffic
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volume. Hawkinson said he would work with the contractors to optimize the absorption rate as
dependent on weather conditions — the best time would be after a rain event.
Council member Kronmiller asked if there is a plan for paving the remaining gravel roads, but
was told the cost is beyond what can be budgeted for and road assessments to the property
owners would be quite high. Kronmiller suggested that alternatives to asphalt and gravel be
researched.
Mayor Maefsky directed the Burkes to survey the residents along Pilar Road and the adjoining
gravel roads for their views on dust control, and present this to the City. There was discussion
on delaying a decision to award the bid to NSI until more information from the neighborhood is
collected, but Administrator Soltis advised that the bid can be awarded to lock in the price and
get on the contractor's schedule, with time to decide to remove roads before the first application
in May.
Kronmiller, seconded by Hegland, moved to award the dust control bid to NSI but the City
should wait to apply until hearing a response from the neighbors. Ness added a friendly
amendment to apply just the first application only. The motion carried 5-0.
REPLACEMENT OF THE 2009 JOHN DEERE TRACTOR/MOWER
Public Works Director Hawkinson presented quotes for the replacement of the 2009 John Deere
lawn tractor/mower that is in the 2017 budget at a replacement cost of $30,000. He explained
that the machine needs continued repairs and has an electrical problem which has had it in the
shop a number of times. Hawkinson explained the benefits of upgrading the existing equipment
to 4 -wheel drive and adding a broom attachment.
Hawkinson presented 8 options and recommended the purchase of a 2015 Toro 360 demo unit
with the broom attachment with 160 hours at a net cost after trade-in of $34,725. Further
discussion on purchasing a used versus new mower concluded that the Kubota F3990 model,
which was quoted at $29,130 after trade-in plus $3,370.64 for the broom attachment was the
preferred option. Both Council members Ness and Schneider said that they would like to delay
the purchase, but the repair costs on the John Deere could continue and lead to a lower trade-in
value.
Ness, seconded by Hegland, moved to approve the purchase of a Kubota F3990 with broom
attachment at a net cost of $32,500.46 after trade-in. The motion carried 5-0.
DISCUSSION ON CITY COMMUNICATION POLICY
Administrator Soltis explained that staff has provided the content for publication in the semi-
annual city newsletter and the information posted on the city's website. In preparation of the
spring newsletter, articles have been submitted by Mayor Maefsky and Council member
Kronmiller, with follow-up content to be posted on the website. Soltis said that this raises the
issue of who can submit content for the city's information tools and who makes the decisions as
to the nature of the content and what is published. Soltis offered language from the MN League
of Cities to offer guidance. The League's memo stated that a website should be the official voice
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of the city for general information about the city, and typically website content development is
delegated to staff. A League research attorney provided language from the City of Red Wing's
communication and media policy which states that information should reflect the consensus
opinion of the City Council or Administrator's interpretation of the City's policy and should not
reflect the personal views of a city employee.
Council member Schneider said that the newsletter is not a platform for one-sided and personal
views and said that it is wrong to make the Log House Landing, the topic of Kronmiller's
submitted article, an issue again. Schneider said that this was resolved in 2015 based on the
recommendation from the LHL Committee and questioned the legality of reconsidering the topic
by a Council member who did not vote in favor of the project. Schneider added that the
newsletter content should be left to staff to write about news events and meetings, with final
review by the Council as it has been traditionally done.
Council member Kronmiller said the Mayor asked him to put together his thoughts on the
Landing issue that was voted on in February in preparation for a public meeting tentatively
scheduled for April 25th. He said that did not intend the article to be one-sided, just a statement
of facts to encourage the public to come out and give their opinions on the future of the Log
House Landing.
Mayor Maefsky said that it is important that the Council be clear on what is correct for the
newsletter, but staff doesn't have to solely write the material. She said that she wanted to use the
newsletter as a tool to reach out to all citizens about the meeting on the Landing. She said that
she was not aware that previous mayors did not write articles for the newsletters as is her
intention. Council member Hegland stated that what is written becomes the city's official
position.
Discussion continued, and Administrator Soltis suggested that a policy could state that if one
member generates content for the newsletter or website, there should be consensus of all
members on representing the intention of the City and speaking as one voice. Only then should
the content be published. All were in agreement to proceed with adding this language to a
communications policy for review at a future work session.
DISCUSSION ON THE DRAFT OF THE SPRING NEWSLETTER
Staff prepared two versions of the spring newsletter; one using content provided by Mayor
Maefsky and Council member Kronmiller, and the other which allocates more space to the
Comprehensive Plan and information on the public input process for the Log House Landing
prepared by staff. The newsletter will also contain an insert for the summer recreation programs.
Council member Schneider questioned the purpose of the Log House Landing article in the
newsletter, as he thinks there may be legalities of holding a public meeting on an issue that has
already been voted on. Mayor Maefsky said that the newsletter gets in every home and outreach
would be limited if not published here. Schneider said it's too controversial and the article is not
needed.
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Discussion resolved to eliminate the Log House Landing article, use Mayor Maefsky's message
on the front cover, and fill page 2 with the Comprehensive Plan update article from the staff draft
version. Council member Schneider asked that the reference to the Log House Landing be
removed from Maefsky's article. The April 25th public meeting date for the Log House Landing
will remain on the community calendar, although the Council will discuss legal counsel's
findings on the legality of bringing this issue back for discussion at the next work session.
Kronmiller, seconded by Hegland, moved to approve the spring newsletter with the
changes as discussed. The motion carried 3-2, with Ness and Schneider opposed.
DISCUSSION ON RECOGNITION DAY FOR NATIONAL SERVICE
Mayor Maefsky reported that she had been contacted by the Senior Corps recommending that the
City participate in Mayor and County Recognition Day for National Service for the purpose of
honoring Marlys Ostrand for her 17 years as the Director of the Scandia Food Shelf program.
The official recognition date is April 4, 2017, and Maefsky suggested a press release be sent to
the local newspapers. Council was in consensus to recognize Ostrand for her many years of
volunteer service.
ADJOURNMENT
Hegland, seconded by Schneider, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 8:41 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk