5.a)3) February 6, 2008 Regular Meeting .
5- a �3
February 6,2008
A regulaz meeting of the Scandia City Council was held on the above date. Mayor Seefeldt
called the meeting to order at 7:02 p.m. The following council members were present: Council
members Pete Crum, Michael Harneriy, Dolores Peterson, Donnette Yehle,Mayor Dennis
Seefeldt. Staff present: Administrator Anne Hurlburt, City Attomey Dave Hebert, Building
Official Steve Thorp, Deputy Clerk Brenda Eklund.
APPROVAL OF AGENDA
Councilmember Peterson, seconded by Councilmember Yehle, moved to approve the
agenda as presented. The motion passed unanimously.
EXCLUDED GAMBLING PERNIIT—SCANDIA WOMEN'S SOFTBALL
Scandia Women's Softball has submitted an application for an Excluded or Exempt Lawfiil
Gambling Permit to conduct Ham Bingo and Turkey Bingo at the Scandia Community Center in
2008. The organization and the event meet all the requirements of the city's ordinance.
Councilmember Crum, seconded by Councilmember Peterson, moved to approve the
Scandia Women's Softball Ezcluded Gambling Permit for two events in 2008.The motion
passed unanimously.
RESOLUTION 02-06-08-01 : DANIEL AND RENEE LEE. 19703 OLINDA TRAIL
Daniel and Renee Lee, 19703 Olinda Trail,have submitted an application for a certificate of
compliance to allow for the cutting of trees and the placement of a fence.As their property lies
within the Shoreland Overlay District of Hay L.ake,a certificate of compliance is required prior
to the removal of trees and also the construction of a fence. Mr. Lee did cut down 13 trees larger
than 6"in diameter that were dead or diseased before he l�ew of the City's requirement for the
Certificate. The proposed fence does meet the code requirements except that it will be
conshucted out of white vinyl. Per Section 9.5(C) 1. ,a fence may be up to 6 feet in height,
provided it is a wire st�rand or wood rail fence. City Attorney Hebert advised council that the
proposed fence does meet the spirit of the ordinance in all intents and purposes, and may be
allowed by issuance of a Certificate of Compliance.An ordinance amendment to allow vinyl
fences will be forthcoming. Councilmember Peterson,seconded by Councilmember Yehle,
moved to approve Resolution 02-06-08-01 Certificate of Compliance for 19703 Olinda
Trail.The motion passed unanimously.
RESOLUTION 02-06-08-02 : AMENDMENT TO PERSONNEL POLICY
Following the January 15,2008 council meeting,Administrator Hurlburt was directed to revise
the personnel policy regazding overtime pay. Currently the policy does not include holidays,
PTO, comp time as hours work when calculating overtime pay in a 40-hour workweek. It also
ensures time and one-half pay for any hours worked on a holiday,and allows the employee to
take the holiday time on another day. Administrator Hurlburt presented a draft resolution
amending the personnel policy to allow paid holidays and up to 4 hours of compensatory time off
in one workweek to count towazds"hours worked"for the purpose of calculating overtime
compensation, and to remove language allowing an employee working on a holiday to take that
time off on an alternate date. Councilmember Peterson stated that in her research of surrounding
municipalities, many do include holidays, PTO and comp time as hours worked. Councilmember
Crum stated that as the Maintenance Supervisor sets his own hours,this appears to be a conflict
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February 6, 2008
Scandia City Council
Page 2
of interest. By calculating 40 hours worked in one week,the overtime budget can be kept more
steady and predictable. Councilmember Hametty felt that this was a good compromise.
Councilmember Yehle suggested an increase up to eight hours of comp time towazds hours
worked in one week. Councilmember Harnetty, seconded by Councilmember Crum,moved
to approve Resolution 02-06-08-02 Establishing Employee Leave,Work Hours and
Overtime PoGcies. Voting yes: Crum,Harnetty,Seefeldt.Voting no: Peterson,Yehle.
Motion passed 3-2.
ORDINANCE N0. 108 AND 109 : 201 COMMiJ1vITY SEWAGE TREATMENT SYSTEM
Direction was given at the January 15,2008 meeting to prepaze draft ordinances which establish
requirements and user chazges for the operation and administration of the community sewage
treatment system conshucted with"201"grant assistance and owned and operated by the city.
This will repeal and replace Ordinance No. 24,which has become outdated. The draft ordinances
were reviewed by the City Attorney and by Pete Ganzel, Washington County Department of
Public Health,who operates the system for the city. A letter will be included with the first billing
statement to explain the flat rate user fee,which will now be collected on a quarterly basis. A
recommended connection fee of$4,250 was established based on the increase in the
Construction Cost Index since 2003,when the fee was $3,500. Councilmember Haznetty
questioned if a lump sum payment incentive should be offered. City Attomey Hebert advised
that utility billings aze generally not handled in this manner. There is a"disincentive"to pay late,
by way of a late payment fee and an interest rate charge detailed in Ordinance No.109.
Councilmember Peterson, seconded by Mayor Seefeldt,moved to adopt Ordinance No. 108
Governing the u201" Community Sewage Treatment System. The motion passed
unanimously.
Councilmember Yehle,seconded by Councilmember Crum,moved to adopt Ordinance No.
109 Establishing User Charges and Connection Fees for the"201"Community Sewage
Treatment System. The motion passed unanimously.
The Planning Commission meeting was called to order at 7:34 p.m. The fodlowing were
present: Commission Chair Chris Ness, Commissioners Chrisstine Maefsky,James Malmquist,
Peter Schwarz and T%DA Senior Planner Sherri Buss. Com�nissioner%vin Nickelson
excused himself from the table as he is involved in th�CUP application for Willowbrook
Church.
WILLOWBROOK COMMUNITY CHURCH—CUP APPLICATION
Willowbrook Community Church has requested a Conditional Use Pernut for construction of a
Place of Worship on a 40.5 acre site located west of 11262 Scandia Trail. The site plan shows
two stcuctures,the main church facility of approximately 25,000 square feet and a separate 2,400
square foot youth facility. The main auditorium would seat 500 people. The parking lot proposes
215 spaces. Future expansion areas for the church and parking lot also appeaz on the plan.
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Scandia City Council
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City Planner Sherri Buss presented her report. Planner Buss summarized the process that the City
has taken with the applicant thus faz, such as discussing goals for the site design. The City has
communicated that the structure should be consistent with the Comprehensive Plan by
maintaining the rural character of the community and by making the development look like it
belongs in the existing landscape. The applicant did include some elements that aze consistent
with rural azchitectural forms(gable roofs,red color and paned window design), although the
lazge pazking lot in the front of the building is not typical of rural churches and gives the site a
suburban appearance. As an example,Planner Buss showed pictures of the Stillwater Public
Works building in which the parking lot is located to the rear of the facility and the facade
resembles a cluster of rural buildings.Additional pictures were viewed of newly constructed
churches that had preferred design elements,and a church near Lake Elmo Avenue and Highway
36 that had an undesirable lighting scheme. Missing from the application is submission of a fully
detailed landscaping plan,a lighting plan, a required Watershed permit, and NIlVDOT's review of
the driveway entrance. Planner Buss recornmended that the application be tabled to a11ow the
applicant to redesign the site layout to better respond to the City's direction, and to complete the
other application requirements. The review period can be extended an additiona160 days,to May
17,2008.
Chris Doehrmann,design architect, and Chad Goehring,representative of Willowbrook Church,
presented their submittal. Mr. Goehring stated the vision the church has of connecting with the
local community(hosting community events,providing public hiking trails)and sees a positive
benefit to both the City and Willowbrook.Although the applicant asked the City for feedback on
early design concepts,the church does not see itself as a rural and historical church,but more of
a modern,inviting structure; thus the use of glass facade,as a"window to the community". Mr.
Doehrmann felt the design aclueves the goal of connecting with the rural landscape and yet stays
within the church's goals. The use of berms and landscape islands was an attempt to satisfy the
screening of the pazking lot and break up the expanse. They also felt the site would have minimal
filling and disturbance by the placement of the lot to the front of the building.
Chairman Ness opened the floor to public comments.Kevin Nickelson, 11262 Scondia Troil,
provided comments from the adjoining pmperty owners Duane and Sally Lawrence, 10860 213�'
Street, in which they requested landscape screening along the northern property line. Tlus is a
requirement of the landscape plan.
Alex Bildeaux, 21473 Manning Truil, stated his concerns of noise levels, lighting and what type
of events will be held on the grounds. Mr. Goehring responded that the church does not plan on
outdoor events as part of their activity plan and will be sensitive to the surrounding properiy
owners.
Trent Nickelson, 11081 Scandia Trail, stated that he felt the layout and design of the building
appeared rural and had no problem with the pazking lot in the front. Mr.Nickelson would rather
see that the view from the rear of the building towards German Lake is preserved. Mr.Nickelson
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felt that there aze a high number of cars traveling along Highway 97, and that it is difficult to get
around the fact that cars aze a part of the landscape.
As there were no more public comments, Chairman Ness closed the public hearing.
Commissioner Schwarz questioned if the building height of approximately 45 feet at the peak
was allowed. Planner Buss determined that this is consistent with the building code,as it is
measured at the midway point of the gable.
Councilmember Peterson stated her disapproval of the design of the Stillwater Public Works
building and explained that basing the red color as a rural element is not critical, as the red
Gammelgazden building was designed to replicate a Swedish museum. Councilmember Peterson
approved of the pazking lot placed in the front of the building.
Cominissioner Maefsky explained the value the public places on maintaining a rural view along
Highway 97 and felt that the applicants should make more of an effort to not obstruct this view
by the building's close proximity to the road. Commissioner Maefsky would like to see the
pazking lot redistributed away from a shopping mall look and to more of a prairie appearance.
She would like to find a balance for the neighbors(noise concerns),the landscape/lake and the
design.
Kevin Nickelson stated that the great number of cars traveling along Highway 97 makes for an
inherently noisy environment for those that live neazby,and that the noise issue from the church
should not be significant.
Commissioner Malmquist felt this to be both a land use and a visual issue. By way of a text
amendment,a house of worship is allowed on this properiy. There is no getting azound the fact
that a big building will be placed in a beautiful field;this isn't necessarily bad,but different. The
decision cannot be based on meshing philosophical intent within the Comp Plan.
Councilmember Crum asked if an access can be granted off of Manning Trail or 213�'Street.
Administrator Hurlburt explained that the ordinance's intent is to have access off of an arterial so
that traf�ic is not routed through neighborhood streets.
Councilmember Hameriy stated that as the land is going to be used and that development is not
an illegal activity,the statement that"ruining the view shed by allowing a church"is not valid. It
may be the responsibility of the council to strongly influence the look of the community,but
taking on the role of dictating the architectural design is a slippery slope.
Commissioner Maefsky explained that while growth is good,preserving community character is
one of the roles of the Planning Commission. She felt that new construction should enhance the
character of the community.
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Mr. Doerhmann interjected that he feels the design criteria is met and the subjective preferences
stated can change with the members of the council.
Mayor Seefeldt commented that while the church's vision is admirable,this seems to be a
combination of the rights of the landowners and developers versus the public's input on having
this structure fit into the property and making it the least obtrusive through design, lighting,
landscape, etc. There should be a thorough analysis of future expansion and the site must be
prepazed in the conect way early on to prepaze for this. Whereas he is not highly critical of the
plan,Mayor Seefeldt would like to see the structure moved further back onto the property and a
reconfiguration of the parking lot. These would be welcome changes.
Councilmember Yehle felt that the design does blend into the surrounding properties,but
perhaps the obtrusiveness may be minimized by layout and landscaping. The developer has
provided a style that fits in,but the council members are not azchitects.
Chairman Ness asked for a survey of all members as to their stand on the pazking lot issue.
Commissioner Schwarz: The lot cannot be hidden entirely but can be improved upon by splitting
it up. Commissioner Malmquist: Would like to see it broken up. Chairman Ness: Moved towards
the back of the structure. Commissioner Maefsky: Moved to the back of the structure.
Councilmember Yehle: Swing towazds the back,analyze the grade. Councilmembsr Harnetty:
Church needs to create the space somewhere on the lot. Mayor Seefeldt: Reconfigure.
Councilmember Peterson: Towards the side would be preferable. Councilmember Crum: The
church needs to do the best with what the site allows; changing the parking lot will change the
scheme of the building's design. Can berms be the solution7
Mr. Doehrmann stated that the layout is done in a way that also works to serve the congregation.
By changing the placement of the pazking lot,architectural issues become a problem. The
church's entrance is now designed to be a welcoming environment and prefers not to have
people entering through a back door. The 10 foot separations in the pazking lot,the berms and
landscape buffers were added in an effort to mitigate concerns.
City Planner Buss commented that final acceptance of tlus plan will set a precedence. What fits
into the community is a very important decision. Every site has challenges and finding the
correct balance is crucial.
Councilmember Harneriy wanted it understood that the church is welcome in the community and
their patience is appreciated. The council is trying to look forward and visualize the future in
what seems like a clumsy process.
The consensus of the group was to meet in a workshop setting with the architect and church to
review alternative sketches and landscaping ideas. Knowing what can and cannot work within
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the constraints of the lot will be valuable when bringing this back for discussion. A Notice of a
Special Meeting with Willowbrook Church and members of the Planning Commission and City
Council for February 12, 2008 at 1:00 pm will be posted.
The Planning Commission unanimously approved of tabling the CUP request for Willowbrook
Church and extending the review period to May 17,2008.
COMMISSIONER 5CHWARZ—HIGHWAY 97 TASK FORCE
Commissioner Schwarz requested that the City Council officially relieve him of his position on
the Highway 97 Task Force. Councilmember Yehle,seconded by Councilmember Harnetty,
moved to approve Commissioner Schwarz's request to no longer serve on the Highway 97
Task Force. The motion passed unanimously. Mayor Seefeldt commended Commissioner
Schwazz for his years of service on the committee.
Councilmember Peterson, seconded by Councilmember Yehle,moved to adjourn.
The meeting adjourned at 10:03 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk