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5.a1 Draft minutes of the 2-19-19 Council Meeting February 19, 2019 A regular meeting of the Scandia City Council was held on the above date. Acting Mayor Chris Ness called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance, roll call was taken. The following members were present: Council members Jerry Cusick, Steve Kronmiller, Chris Ness, Patti Ray. Absent: Mayor Christine Maefsky. Staff present: City Administrator Neil Soltis, City Planner Merritt Clapp-Smith, City Engineer Ryan Goodman, City Attorney Eric Sherburne, Police Deputy Brandon Yetter, Fire Chief Mike Hinz, Public Works Director Adam Hawkinson and Deputy Clerk Brenda Eklund. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA Council member Kronmiller asked that the February 6, 2019 Work Session minutes be pulled from the Consent Agenda for discussion, and to add discussion of a Parks and Recreation subcommittee for Lilleskogen Park to the agenda. Ray, seconded by Kronmiller, moved to approve the agenda as amended. The motion carried 4-0. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) January 15, 2019 Regular Meeting 2) February 6, 2019 Work Session – pull for discussion b) Treasurer’s Report Beginning Balance 01/01/19 $4,505,648.13 Receipts $ 91,876.88 Expenditures $319,821.60 Payroll $30,835.30 $(350,656.90) Ending Balance 1/31/2019 $4,246,868.11 c) Payment of Vouchers d) Discussion on Planning Commission Chair and Vice-Chair e) Application for Excluded or Exempt Lawful Gambling Permit, Scandia Women’s Softball (April 12, 2019 Ham Bingo and November 22, 2019 Turkey Bingo) f) Mutual Aid Agreement for Fire Departments of Washington and St. Croix Counties Council member Kronmiller noted that the February 6th Work Session minutes on page 1, Update from Frontier Communications, should be corrected to state Jack Phillips as the Frontier representative throughout the paragraph. Council was in agreement to this correction. Kronmiller, seconded by Ray, moved to approve the Consent Agenda as amended. The motion carried 4-0. February 19, 2019 Scandia City Council Page 2 of 6 PARK AND RECREATION COMMITTEE Parks and Recreation Chair Terry Gorham reported on a recreation programming survey being conducted online via Survey Monkey to evaluate community interest in recreation programs and activities. To date, 100 responses have been gathered. A report on the results will be made to the Council in March. Gorham explained that the PRC would like to form a subcommittee to address the Lilleskogen Park Restoration Strategic Action Plan to get it up to date and improve potential for grant funding. The PRC bylaws require Council approval for any subcommittees. Gorham reported that himself, Patti Ray, Dan Lee and Karen Schik would be part of the group meeting over the next 3 to 4 months with this objective. Kronmiller, seconded by Ray, moved to approve a Lilleskogen Park subcommittee. The motion carried 4-0. Gorham concluded his report with a summary of the Park and Recreation Committee’s Annual Report, provided in the Council packet. Ray, seconded by Kronmiller, moved to approve the PRC Annual Report. The motion carried 4-0. PLANNING COMMISSION Ordinance No. 208 – Regulating Fences in the St. Croix River and Shoreland Districts Planner Clapp-Smith presented the recommendation from the Planning Commission to approve amendments to Chapter 2, Section 3.5(2) of the development code regulating fences. Clapp- Smith explained that when the DNR model shoreland ordinance was adopted last year, there were no references to fences in the shoreland as had been in the previous shoreland ordinance. This ordinance incorporates the omitted language into the development code to restrict fences from being constructed closer to the lake or river than the lake/river side of the home. Council member Kronmiller asked about fences that have been constructed in this interim of fence regulations in the shoreland. Administrator Soltis explained that with this ordinance adoption, the fence is defined as legally non-conforming; it cannot be replaced but allowed to stay. Kronmiller, seconded by Cusick, moved to approve Ordinance No. 208, Amending the Development Code, Chapter 2, Section 3.5(2) Regulating Fences in the Shoreland and St. Croix River Districts as presented. The motion carried 4-0. Kronmiller, seconded by Ray, moved to approve Resolution No. 02-19-19-01, Providing for the Summary Publication of Ordinance No. 208. The motion carried 4-0. BUILDING OFFICIAL Building Official Chuck Preisler’s report on building activity was received. In January, 16 permits were issued at a valuation of $232,848. POLICE DEPARTMENT Police Deputy Brandon Yetter reported that no unusual incidents occurred during Vinterfest. Yetter is investigating with multiple agencies a string of thefts with potential suspects identified in a scheme of pawning stolen goods. A stolen 4-wheeler was recently recovered in Scandia. February 19, 2019 Scandia City Council Page 3 of 6 FIRE DEPARTMENT Fire Chief Mike Hinz reported that the department responded to 2 fire calls and 18 medical calls in January. The department’s 2018 annual report was presented; Hinz noted the emergency planning operations program with Washington County (Bold Planning), purchase of new SCBA equipment, a donation of funds for thermal cameras for each SCBA pack for firefighter safety, and a new brush truck as highlighted projects. On the personnel side, staffing is low with 21 volunteers, with active recruiting in place. The annual fundraiser Fireball is this Saturday. CITY ENGINEER City Engineer Ryan Goodman provided a report on engineering updates. He reported that the MN League of Cities is seeking support for transportation funding initiatives during this legislative session, such as the establishment of local street improvement districts to fund street improvement projects. PUBLIC WORKS DIRECTOR Public Works Director Adam Hawkinson reported that Sentence to Serve from Washington County cleared brush and trees around the Uptown Sewer drain field. The extreme cold weather effected sewer panel operations in the Anderson/Erickson, corrected with the addition of space heaters to keep the relays functioning. CITY ADMINISTRATOR City Administrator Soltis reported that the codification project for the city’s ordinances has started with American Legal Publishing, the Qsend response system is anticipated to be operational on the website on April 1st, and that quotes are being gathered for the Council chambers audio system. No applications have been received to fill the positions on the Wastewater Advisory Committee and the Capital Improvement Committee, and the deadline extended until filled. TILLER CORPORATION ANNUAL OPERATING PERMIT FOR THE SCANDIA MINE Christina Morrison presented Tiller’s application for the mining operation’s Annual Operators Permit for the Scandia Mine at 22303 Manning Trail. The current permit expires on March 31, 2019. Morrison described the site operations as status quo over the past year, with excavation of sand and gravel, screening, crushing, and washing of aggregate product during the road construction season. Asphalt production also occurs on site. Requests for extended operating hours occurred more frequently in 2018 due to rain delays on road projects. Ongoing reclamation activities continue on the south portion of the site and will be migrating northward. A map of the site was viewed, showing the active mining area, stockpile area and the area where excavation into the groundwater is being done. Morrison described the DNR water appropriation permit to allow for up to 20 million gallons per year for washing activities – 13 million gallons were used in 2018. Planner Clapp-Smith explained that the amendments to Tiller’s watershed district permit which were recently approved by Carnelian-Marine Watershed District will be conveyed into the conditions of a resolution to be presented at the next Council meeting at which time the Tiller permit may be renewed. Planner Clapp-Smith said that she is waiting on the results of February 19, 2019 Scandia City Council Page 4 of 6 goundwater monitoring conducted by an outside consultant as well. Morrison stated that the Watershed permit will now run with the term of the mining project through site restoration, rather than being renewed at 5-year intervals. The mine is projected to be active for an additional 30-50 years depending on market demand. Council member Kronmiller asked that mining into the groundwater be explained. Morrison described the excavation process to scoop material from below the water table at a depth of 10- 15 feet occurring at one area in the site; dewatering does not occur. The material is processed with washing water from the production well, with 80% of the water being recycled. Two sedimentation ponds are utilized to settle out the clay and silt. Approval to pump washing water from this water table with a portable floating pump was recently granted by the Watershed. On the site map, Morrison pointed out the multiple wells used to gather monitoring data. No diesel range organics were detected from this year’s data. Fuel storage is located in a containment area, with a spill prevention plan in place. Administrator Soltis stated that no issues were reported as part of the compliance inspection conducted last fall. Planner Clapp-Smith said that discussion on Tiller’s AOP will continue at the next Council meeting once the outstanding reports are received. STORMWATER STUDY IN THE BLISS ADDITION Last year, a project for stormwater/water quality improvement study to the Bliss Addition (including 189th and 190th Streets, Layton and Larkspur Avenues) was approved for the 2019 budget at a cost of $30,000, with half the funding to come from the Carnelian-Marine Watershed District. Based on the scope of the work, Bolton & Menk submitted a proposal to perform the study for $37,000. The District recently secured a $39,000 grant from the Board of Water and Soil Resources to fund 90% of the cost of the project, reducing the city’s cost to $3,700. Administrator Soltis explained that an amendment to the Capital Improvement Fund budget is necessary to increase the total expenditures on the project from $30,000 to $37,000; however, the net cost to the City is reduced from $15,000 to $3,700. Soltis described the three Council actions needed to proceed with the project – approve the engineer’s proposal, authorize a memo of understanding between the City and Watershed District for allocation of costs for the project, and an amendment to the capital improvement fund budget. Kronmiller, seconded by Ray, moved to approve the proposal from Bolton & Menk for the Bliss Addition Stormwater Planning Project in the amount of $37,000. The motion carried 4-0. Kronmiller, seconded by Ray, moved to authorize the Mayor and Administrator to execute a memo of understanding between the City and Carnelian-Marine-St. Croix Watershed District to provide reimbursement to the City based on costs incurred for the project after review by the City Attorney. The motion carried 4-0. Kronmiller, seconded by Ray, moved to approve Resolution No. 02-19-19-02, Amending the Capital Improvement Fund budget for the Bliss Addition Stormwater Study. The motion carried 4-0. February 19, 2019 Scandia City Council Page 5 of 6 Engineer Goodman stated that project development will begin in the next month, with a master plan for stormwater improvements completed by the fall. ORDINANCE NO. 209 – REGULATING THE 201 COMMUNITY SEWER TREATMENT SYSTEM As discussed at the February 6th Work Session, the Wastewater Advisory Committee recommended the 2019 budget allow for an inspection program to assist in determining the source of infiltration issues occurring in the 201 sewer system following heavy rain events. A provision in the 201 sewer system ordinance is necessary to allow for inspections and to require compliance if unauthorized connections are found. Ordinance No. 209 was presented with this procedural process added as a subsection to Section 8, Connections to the Community Treatment Sewage System. A 30-day deadline for corrections is given, with potential to extend if good faith efforts are being made. If not corrected, the City could pursue a fine for violating the ordinance. Kronmiller, seconded by Ray, moved to adopt Ordinance No. 209, Amending Ordinance No. 202 Governing the 201 Community Sewage Treatment System. The motion carried 4- 0. Kronmiller, seconded by Ray, moved to approve Resolution No. 02-19-19-03, Providing for the Summary Publication of Ordinance No. 209. The motion carried 4-0. FINANCIAL ASSISTANCE POLICY FOR RECREATION PROGRAMS At the February 6th Work Session, a draft policy and application for financial assistance for youth recreation programming was discussed. It was agreed to simplify the application using income guidelines for the free and reduced school lunch program or explanation of recent family hardship as the criteria to qualify. A family may receive up to $50 per participant per year with a family maximum of $200 per year. Administrator Soltis explained that a budget amendment is needed to dedicate a maximum of $2,000 for the financial assistance program this year, as approved by Council at the last meeting. Ray, seconded by Cusick, moved to adopt the Recreation Program Assistance Policy as presented. The motion carried 4-0. Ness, seconded by Kronmiller, moved to approve Resolution No. 02-19-19-04, Amending the 2019 General Fund Budget. The motion carried 4-0. ADMINISTRATOR RECRUITING SERVICES PROPOSAL At the February 6th Work Session, Council directed staff to solicit proposals from executive search firms for recruitment assistance in preparation of Administrator Soltis’s May 7, 2019 resignation date. Proposals were received from David Drown & Associates and from GovHR. Council member Ness said that the Mayor should be part of this decision and recommended delaying the discussion. Ness asked that additional proposals be sought as well. Council was in agreement with delaying to the March 6th Work Session. February 19, 2019 Scandia City Council Page 6 of 6 ADJOURNMENT Ray, seconded by Ness, moved to adjourn the meeting. The motion carried 4-0. The meeting adjourned at 8:04 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk