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03-06-07 Council March 6, 2007 Scandia City Council met on the above date. Mayor Dennis Seefeldt called the meeting to order at 7:00 p.m. The following councilmembers were present: Councilmembers Pete Crum, Dolores Peterson, Mayor Dennis Seefeldt. Absent: Councilmembers Michael Harnetty and Donnette Yehle. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, Treasurer Colleen Firkus, Deputy Clerk Brenda Eklund. APPROVAL OF AGENDA Mayor Seefeldt added an addition to the agenda regarding the development known as Tii Gavo. Dolores Peterson made a motion to approve the agenda as amended. Pete Crum seconded the motion and motion adopted unanimously. ORDINANCE 100 – ADOPTING LAWFUL GAMBLING REGULATIONS FOR THE CITY OF SCANDIA At the February 20, 2007 council meeting, a representative of the Scandia Marine Lions expressed a concern regarding language in Section 10(J) of the draft ordinance. City Attorney Hebert recommended a change in the language of this section and the revised draft ordinance was reviewed. Dolores Peterson made a motion to adopt Ordinance 100 Adopting Lawful Gambling Regulations for the City of Scandia. Pete Crum seconded the motion and motion adopted unanimously. SCANDIA WOMEN’S SOFTBALL – GAMBLING PERMIT APPLICATION The Scandia Women’s Softball has applied for an Excluded Lawful Gambling Permit to conduct Ham Bingo on March 23, 2007 and Turkey Bingo on November 16, 2007 at the Scandia Community Center. Pete Crum made a motion to approve the Scandia Women’s Softball application for an Excluded Gambling Permit for events on March 23, 2007 and November 16, 2007. Dolores Peterson seconded the motion and motion adopted unanimously. RESOLUTION 03-06-07-01 CALLING FOR HEARING ON STREET VACATION At the February 20, 2007 meeting, the Park and Recreation Committee presented a report concerning improvements to Old Lions Park. They recommended that the City consider vacating street right-of-ways within the park boundary. City Attorney Hebert prepared a resolution calling rdst for a public hearing to vacate parts of 3 Street and 1 Avenue. Dennis Seefeldt made a motion to adopt Resolution 03-06-07-01 Calling for Public Hearing to Consider Street Vacation within the Lions Park Boundary. Dolores Peterson seconded the motion and motion adopted unanimously. A public hearing will be scheduled for April 3, 2007. INSURANCE PLANS The Human Resources Committee (Councilmembers Peterson and Crum) worked with Administrator Hurlburt and agent Barry Sutherland (Health Insurance Mart, Scandia) to develop a recommendation for an employee health insurance plan. Councilmember Crum reported that offering health care coverage to employees is a standard practice and that he was impressed with Scandia City Council March 6, 2007 Page 2 the quote from Appletree. Councilmember Peterson also stated that she felt the Appletree plan provided a fair quote and was lower than anticipated. The Committee recommends approving coverage through Blue Cross Blue Shield Plan #176 paired with a health savings account. This plan is available only to members of the Southwest/West Central Service Cooperative, administered by the Appletree Institute. New employees will be given a sixty-day waiting period prior to being added to the health care coverage plan. Pete Crum made a motion to adopt Resolution 03-06-07-02 Establishing Policies for Employee Health Insurance Benefits. Dennis Seefeldt seconded the motion and motion adopted unanimously. Dolores Peterson made a motion to adopt Resolution 03-06-07-03 Approving a Health Insurance Plan and Accepting the Offer of Coverage from Blue Cross Blue Shield. Pete Crum seconded the motion and motion adopted unanimously. Pete Crum made a motion to approve the Joint Powers Agreement with the Southwest/West Central Service Cooperative for Group Employee Benefits. Dennis Seefeldt seconded the motion and motion adopted unanimously. Dolores Peterson made a motion to designate Administrator Anne Hurlburt as the City’s representative to the Southwest/West Central Service Cooperative. Pete Crum seconded the motion and motion adopted unanimously. ADDITION TO AGENDA As the developers of the plat known as Tii Gavo are pulling together the necessary items to present the final plat, Mayor Seefeldt has asked that a sub-committee be appointed to meet with the developers to negotiate park fees. Mayor Seefeldt, Councilmember Peterson and Administrator Hurlburt will meet with the developer to make recommendations in regards to park fees prior to their final plat submission. The Planning Commission meeting was called to order at 7:30 p.m. The following members were present: Vice-Chairman James Malmquist, Peter Schwarz and newly appointed member Christine Maefsky. Kevin Nickelson joined the meeting at 8:30 p.m. Absent: Chairman Chris Ness. WILLOWBROOK CHURCH : TEXT AMENDMENT TO SHORELAND REGULATIONS Pastor Brad Reis stated the request of Willowbrook Church to amend the development code to allow places of worship in the Shoreland Overlay District. Planner Berry Farrington presented her findings and recommendations, which indicated any adverse impacts, could be addressed through conditions established in a Conditional Use Permit. However, the Planner questioned as to whether no adverse impact is reason enough to amend the ordinance and perhaps a public benefit should be identified to support a change in the Shoreland regulations. The Planning Commission tabled the hearing; to be continued April 3, 2007. Pastor Brad Reis agreed to a sixty-day extension. Scandia City Council March 6, 2007 Page 3 WHITE ROCK RANCH, LLC : PRELIMINARY PLAT Mr. Mark Youngdahl presented the request to divide 105 acres, with 25.6 acres in Scandia, into 14 residential lots, with the original homestead remaining on Lot 3, Block 2. There would be three new homes and the existing farmhouse in Scandia, but no new roads in Scandia. There would be some wetland impacts on Lots 5 and 6 with mitigation on Lot 4. Preliminary Plat approval has been received from the Forest Lake Planning Commission and City Council. Planner Farrington presented her findings and recommendation for approval with conditions. Mayor Seefeldt stressed the priority that White Rock Lake has been given the past years in regards to water quality improvement. The town has viewed this area as a very sensitive piece of property and has taken many steps to minimize degradation. Mayor Seefeldt would like the developer to consider addressing the concerns of water quality protection through restrictive covenants. These could include excluding farm animals from the lots along the lake (Block 2), and filling or berming the ditches on the southeast portion of the property to reduce run-off into the lake. Mr. Youngdahl felt that these were reasonable requests and would address them at the next presentation. Mayor Seefeldt would also like the landscaping plan to show screening on the lake lots. Planning Commission recommended to the City Council that they adopt the draft resolution submitted with the staff report to approve the preliminary plat of White Rock Ranch dated February 12, 2007, with the conditions and findings as drafted, with the following changes: Add Condition 12 “That the Covenants state that owners of Shoreland lots apply best management practices as recommended by the watershed district”, and Condition 13 “That two existing barns would be removed from Lot 3 to meet accessory structure standards.” Dolores Peterson made a motion to table a decision on the preliminary plat of White Rock Lake until a full council is present. Pete Crum seconded the motion and motion adopted unanimously. The applicant was advised to submit the requested materials on the livestock issue, ditch engineering, and a revised landscape plan to provide for screening on the lake lots. ORDINANCE 102 -- AMENDMENT TO DEVELOPMENT CODE REGARDING SAFETY REQUIREMENTS FOR SWIMMING POOLS Planning Commission recommended to the City Council to amend Chapter 2, Section 10.31 (2) (I) of the Development Code regarding safety requirements for swimming pools to state, “A structure or safety fence of a non-climbable type at least four (4) feet in height, with a self-closing and latching gate shall completely enclose the pool, but shall not be located within any required yard areas. “ Christine Maefsky seconded the motion and the motion passed unanimously. Pete Crum made a motion to accept the recommendation of the Planning Commission to adopt Ordinance 102 Amending Chapter 2, Section 10.31(2)(I) of the Development Code Scandia City Council March 6, 2007 Page 4 Regarding Safety Requirements for Swimming Pools. Dolores Peterson seconded the motion and motion adopted unanimously. JON RODGERS – VARIANCE The public hearing for a variance from setback requirements to construct a new septic system for an existing home located at 23409 Lofton for applicant Jon Rodgers was held December 5, 2006. The matter was tabled to the January 23 meeting and then to the March 6, 2007 meeting in order to obtain more information. Planning Commission recommended to the City Council that they adopt the draft resolution to approve application of Jon Rodgers for variance from sewage treatment system setbacks with the findings as drafted and the following changes to conditions: Condition 1 ends at “November 10, 2006,” as the 33.5 foot setback from OHW has been verified. Condition 4 ends at “future variance requests.” Add Condition 8 to state ”That the sewage disposal system is protected from outside storage or vehicle traffic, with either a fence or posts surrounding the system.” Dolores Peterson made a motion to accept the recommendations of the Planning Commission to approve Resolution 03-06-07-04 Approving Application of Jon Rodgers for Variance from Sewage System Setbacks as amended. Pete Crum seconded the motion and motion adopted unanimously. ADDITION TO AGENDA Letters from both the planner and attorney were addressed regarding the final plat submission for the plat known as Tii Gavo. The letters indicated that the submission was not complete and that the final plat shows significant changes to what was approved with the preliminary plat. Attorney Hebert advised to allow the developers to address the concerns and wait for their response. Dolores Peterson made a motion to adjourn the meeting. Pete Crum seconded the motion and meeting adjourned at 9:50 p.m. Respectfully submitted, Brenda Eklund City of Scandia Deputy Clerk