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5.a)2) December 7, 2010 Meeting . / � G'� � C�J December 7, 2010 A regular meeting of the Scandia City Council was held on the above date. Mayor Seefeldt called the meeting to order at 6:03 p.m. Following the Pledge of Allegiance, roll call was taken. The following council members were present: Council members Connie Amos, Pete Crum, Dolores Peterson and Mayor Dennis Seefeldt. Council member Chris Ness joined the meeting at 6:45 p.m. Staff present: City Administrator Anne Hurlburt, City Attorney Dave Hebert, City Planner Sherri Buss, Building Official/Maintenance Supervisor Steve Thorp, Treasurer Colleen Firkus and Deputy Clerk Brenda Eklund. APPROVAL OF AGENDA Council member Peterson added a discussion of road conditions to the agenda. Peterson, second by Amos, moved to approve the agenda as amended. The motion carried 4-0. PUBLIC HEARING: 2011 BUDGET AND TAX LEVY State law requires that a public hearing be held on the 2011 Budget and Tax Levy. City Administrator Anne Hurlburt presented an overview of the draft budget, which was prepared during the Council's work sessions and from the hearing on the draft Capital Improvements Program in November. A levy increase of 4.95%is proposed, reflecting a projected 3.3% increase in spending. A 10% increase in debt service spending and a 1.4% increase in general fund expenditures are planned. An increase to contractual street maintenance is intended, along with replacement of a dump truck/plow and mower. Revenue from all sources and funds is expected to be down 1.38% from 2010. The numbers presented showed the budget to be in balance. Mayor Seefeldt opened the hearing for comments and questions. An audience member who did not state his name asked about the tax bills on two parcels which he owns. He was directed to contact the City Assessor to discuss tax classification and values. Susan Rodsjo, 21450 Pomroy Avenue: Planning Commissioner Rodsjo asked about the status of the request for planning a municipal parking lot in the Village Center which was brought forth at the hearing on the draft Capital Improvement Program in November. Ms. Rodsjo was informed that this will be referred to the Capital Improvements Committee for discussion at their meetings in 2011. As there were no further comments from the public, Mayor Seefeldt closed the hearing. Mayor Seefeldt announced that the final budget and levy adoption is scheduled for December 21, 2010 at 7:00 p.m. 2011 TOBACCO PRODUCTS SALES LICENSES Four businesses have made applications for the sale of tobacco products in 2011. All applications have met the requirements of Ordinance No. 92. Amos, second by Peterson, moved to approve Tobacco Products Sales Licenses for 2011 for Scandia Grocery & Deli, Todd's Home Center, Big Marine Lake Liquor Store and Big Marine Lake Store. The motion carried 4-0. ' December 7, 2010 Scandia City Council Page 3 of 4 facts necessary to fully inform it in making its decision on the granting of the CUP. Ending the process at this point could possibly leave the City open to a variety of legal claims. Council member Peterson commented that staff, the consultants, and the special interest group TA-COS have all worked in good faith and the EIS should be allowed to come to a conclusion. Council member Crum asked about the final reclamation plan. Mike Caron, Tiller Corporation's Director of Land Use Affairs, stated that reforestation and prairie rejuvenation will leave the parcel in a final vegetative state. Mayor Seefeldt commented that the property is zoned Agriculture Core and could be developed according to allowed uses. Council member Crum stressed that the timeline should be firmed up and a schedule of a completion of the study be submitted to the city. Peterson, second by Amos, moved to approve an amendment to the consulting agreement with AECOM Technical Services, Inc. for preparation of the Zavoral Mining and Reclamation Project EIS,in the amount of$59,331. Mayor Seefeldt asked for a roll call vote.Amos—yes; Crum—yes; Ness—yes; Peterson—yes; Seefeldt—yes. The motion carried 5-0. Crum, second by Ness, moved to direct staff to work with AECOM and Tiller Corporation in developing a timeline for completion of the EIS study. The motion carried 5-0. JOINT POWERS AGREEMENT WITH WASHINGTON COUNTY REGARDING THE OFFICIAL MAP OF BIG MARINE LAKE PARK RESERVE Washington County has adopted an official map of the boundaries of the Big Marine Lake Park Reserve, of which approximately 15 parcels (85 acres) lie within the City of Scandia. This land is designated for future public purposes and subject to additional regulations. Washington County staff and City staff have discussed the procedures to be used if owners of land within the official map area apply to the city for building permits. The County ordinance requires that building permits be denied until the County Board of Adjustment determines whether a permit would be issued, or whether the County would acquire the property. Don Theisen, Washington County Engineer, was present to answer any questions regarding a Joint Powers Agreement between the City and County which would indemnify the city of any liability that may arise from enforcement of the county ordinance. Council member Peterson asked how the property owners would be affected. Mr. Theisen explained that historically the County has approved building permits for improvements such as decks and garages; but if a property owner were to submit plans for new construction, the County would look into negotiating a purchase of the property. The County only purchases property on a "willing seller"basis, and not through eminent domain. Peterson, second by Ness, moved to approve a Joint Powers Agreement with Washington County regarding the Official Map of Big Marine Lake Park Reserve. The motion carried 5-0.