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06-16-2015 CouncilJune 16, 2015 A regular meeting of the Scandia City Council was held on the above date. Mayor Simonson 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, Dan Lee, Chris Ness, Jim Schneider and Mayor Randall Simonson. Staff present: City Administrator Kristina Handt, Attorney Andy Pratt, City Planner Sherri Buss, City Engineer Ryan Goodman, Police Deputy Brandon Yetter, Fire Chief Mike Hinz and Deputy Clerk Brenda Eklund. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA Ness, seconded by Lee, moved to approve the agenda as presented. The motion carried 5-0. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) May 19, 2015 Regular Meeting 2) June 10, 2015 Special Meeting b) Treasurer's Report Beginning Balance 05/01/2015 Receipts Expenditures $86,137.49 Payroll 24,025.23 Adjustments: April HSA Jahnke HSA Participation Fee Ending Balance 05/31/2015 c) Payment of Vouchers d) Internal Controls Policy e) Data Practices Policies $3,038,877.89 + 15,685.44 - 110,162.72 - 1,000.00 - 1.00 $ 2,943,401.61 1) Policy for Ensuring the Security of Not Public Data 2) Guide for Members of the Public Requesting Information 3) Guide for Requesting Information about You f) Approve Slalom Course on Bone Lake Ness, seconded by Lee, moved to approve the Consent Agenda as presented. The motion carried 5-0. PARKS AND RECREATION COMMITTEE Vinterfest Donation Guidelines Park and Recreation Chair Ryan Jinks stated that the Committee has agreed to the suggested clarifications to the Vinterfest donation guidelines as discussed at the May 19th Council meeting. The guidelines will require for-profit organizations to donate 50% of net proceeds or a minimum donation of $500. Button sales will be set at a $2 per button donation with sales to be set at $3 per button. June 16, 2015 Scandia City Council Page 2 of 6 Ness, seconded by Lee, moved to approve the amended guidelines for Vinterfest donations as recommended by the Parks and Recreation Committee. The motion carried 5-0. Vinterfest 2016 Theme PRC Chair Jinks presented the Committee's recommended theme for the 2016 Vinterfest event to be "Hemslojden" which means Swedish handwork. This would coordinate with the Gammelgarden Museum's theme this year showcasing women's handwork. The theme would be incorporated into the events offered at Vinterfest, including the button design contest and the Quiz Promenade. Ness, seconded by Hegland, moved to approve the "Hemslojden" theme for Vinterfest 2016 as recommended by the Parks and Recreation Committee. The motion carried 5-0. PLANNING COMMISSION Variance to Construct a Deck at 18997 Layton Avenue. Wallace Anderson, Applicant. (Resolution No. 06-16-15-01) City Planner Sherri Buss presented the Planning Commission's recommendation to approve the Variance for Wallace Anderson to construct a deck at 18997 Layton Avenue. Buss explained that existing pavers would be removed to bring the lot coverage closer to the 25% requirement. Conditions in the resolution stated that the 240 square foot deck would be located 26' from the OHWL of Big Marine Lake. Simonson, seconded by Hegland, moved to approve Resolution No. 06-16-15-01, Approving a Variance for 18997 Layton Avenue North. The motion carried 5-0. Conditional Use Permit for Additions at Am -Tec Designs Business Site at 21080 Ozark Court. Connie Sutton. Applicant. (Resolution No. 06-16-15-02) City Planner Buss presented the Planning Commission's recommendation to approve an amended CUP to allow expansion for the principal building and an accessory building at Am - Tec Designs, located in the Industrial Park at 21080 Ozark Court. Buss recommended that future business expansions such as this be made an allowed use if zoning requirements are met, which could be approved administratively at the point of the building permit application. Administrator Handt noted that the EDA will be looking at this issue at their next meeting in order to make this a less cumbersome and costly process for businesses. Handt recommended that Condition #12, which stated that any alterations shall require an amended CUP, be amended or omitted. Buss suggested that the condition be changed to state that "an amended CUP shall be required for any change in use or alteration of the site that does not meet code requirements". Mayor Simonson said that he would support that change. Council member Schneider agreed that ordinances for the Industrial Park need changing and would like to revisit a discussion on this. June 16, 2015 Scandia City Council Page 3 of 6 Simonson, seconded by Ness, moved to approve Resolution No. 06-16-15-02, Approving an Amended Conditional Use Permit for Am -Tec Designs, with Condition #12 amended as recommended by staff. The motion carried 5-0. Ordinance No. 162. Adopting a Solar Ordinance City Planner Buss presented an ordinance as recommended for adoption by the Planning Commission that would allow solar farms and solar gardens as a permitted use in some zoning districts with a Conditional Use Permit. The ordinance was modeled after ordinances from Chisago County, Rosemount and a League model ordinance, and reviewed by several solar providers. Buss reviewed the key elements of the ordinance to allow solar farms and community solar gardens as primary uses in the Ag Core and General Rural districts, and as accessory uses in the Ag Preserves district. The uses are prohibited in the Shoreland, wetlands and floodplains. The minimum lot size for the uses is 5 acres. Detailed site plans and vertical sketch elevations must be submitted with the application for a CUP. A number of performance standards such as screening and setbacks are in place to address any impacts to surrounding properties. Buss explained the option for the City to require payment in lieu of taxes as compensation for any potential tax revenue that may be lost due to reclassification of land for this use. Buss stated that since the June 2nd Commission meeting, Commissioner Jan Hogle has requested that the definition of Community Solar Garden be changed to incorporate terminology used in state statute. Buss explained that the definition in the ordinance is consistent with the model developed for the state of Minnesota and references the statute, so that it doesn't seem necessary to provide further technical information. Administrator Handt agreed that the solar program is relatively new and there could be changes from the state. By referencing the statute any updates are automatically taken care of rather than having to revise the ordinance with each change. Jan Hogle, 21509 Lofton Avenue, was present to clarify her point in that the definition could be made more accurate and there could be implications due to size of systems. Staff recommended no change to the definition as approved by the Planning Commission. Council member Schneider asked if exceptions to a CUP could be made for properties between 5 and 20 acres. Buss stated that Chisago County regrets that it does not require CUPS for properties less than 20 acres due to the controversy these systems are having on neighboring properties. Buss said that it could be taken away for smaller properties in the future if there are no issues or problems as they become approved. Handt noted that it was talked about, but since these are such a new use with unknown consequences, there will be questions from neighbors. Chisago County is experiencing upset neighbors who do not get notified of the installations. Council member Lee stated that the CUP requirement should remain in the ordinance. Ness, seconded by Hegland, moved to adopt Ordinance No. 162 as recommended by the Planning Commission. The motion carried 5-0. June 16, 2015 Scandia City Council Page 4 of 6 Summary Publication of Ordinance No. 162 (Resolution No. 06-16-15-03) Simonson, seconded by Hegland, moved to approve Resolution No. 06-16-15-03, Providing a Summary Publication of Ordinance No. 162. The motion carried 5-0. Ordinance No. 163. Amending the Wireless Towers Ordinance City Planner Sherri Buss explained the new federal regulations which prohibit local governments from denying the colocation of equipment to existing permitted wireless towers as long as it is not a substantial change. This means that new equipment can increase the height of the tower up to 20 feet before it is a substantial change. The Planning Commission recommended an ordinance amendment that would reduce the maximum permitted height of towers by 20 feet in most districts. In sensitive locations where the maximum height is 35 feet, the amendment requires that camouflage or stealth designs be used. Buss noted that new equipment being added to an existing tower will be changed from a CUP requirement to an Administrative Permit unless there is a substantial change as a result. Ness, seconded by Hegland, moved to adopt Ordinance No. 163, Amending Section 4.31 Regarding Wireless Communication Antennas and Towers as recommended by the Planning Commission. The motion carried 5-0. Summary Publication of Ordianance No. 163 (Resolution No. 06-16-15-04) Simonson, seconded by Hegland, moved to approve Resolution No. 06-16-15-04, Providing a Summary Publication of Ordinance No. 163. The motion carried 5-0. BUILDING OFFICIAL The monthly building activity report was received from Building Official Chuck Preisler. Fifteen permits were issued in May. POLICE DEPARTMENT Deputy Brandon Yetter reported on police activity in the past month. Vandalism at the skating rink was related to other reports of vandalism on 238th Street and at Moody Barn in Chisago County in which leads are being investigated. FIRE DEPARTMENT Fire Chief Mike Hinz was present to take any questions on the department's activity report. The department responded to 19 calls last month. CITY ENGINEER City Engineer Ryan Goodman reported that patching will begin in the next week or two. Quinnell Avenue improvements are planned to begin the week of July 6th and be completed within approximately 4 to 5 weeks. CITY ADMINISTRATOR The Council received City Administrator Handt's written report. Multiple planning related inquires and citizen complaints have been responded to. June 16, 2015 Scandia City Council Page 5 of 6 AWARDING THE SALE OF GENERAL OBLIGATION EQUIPMENT CERTIFICATE FOR PURCHASE OF FIRE TANKER The Council approved the purchase of a new fire tanker last month, and staff was asked to get quotes on borrowing. Handt reported that two quotes were received, with Security State Bank offering the lowest interest rates over 5 years that adjust from 1.40% to 2.30%, with no additional fees. Handt provided figures that will not require increasing the tax levy in the debt service fund for payments on the certificate which has a principal amount of $215,000. Attorney Pratt prepared the bond documents and a resolution to award the sale of the bonds. Ness, seconded by Hegland, moved to approve Resolution No. 06-16-15-05, Awarding the Sale of General Obligation Equipment Certificates. The motion carried 5-0. DNR PLANKS AT LOG HOUSE LANDING BOAT LAUNCH Administrator Handt reported that the Jim Shaver, Carnelian -Marine Watershed Administrator, has contacted the DNR regarding erosion control improvements to the Log House Landing boat launch site. The DNR is willing to donate 40-50 concrete cable boat ramp planks, contingent on the City getting permits from the DNR Water Division and Army Corps of Engineers. The Watershed would donate up to $2,000 for their installation. The Engineer estimated a cost of $2,900 for crushed rock between the planks. It's estimated that an additional 45 planks would need to be purchased to get to the top of the launch site, which could be cost shared 50150 between the City and Watershed. Handt asked for direction in pursuing the project as there will be costs in acquiring the necessary permits as a first step. Council member Schneider asked how the ramp would be affected by seasonal ice. Jim Shaver stated that these ramps are used in other locations along the river and hold up well. Schneider asked if the launch improvement is what was planned as part of the Landing project. Handt stated that it is consistent with the plans that received grant funding. Funding could come out of the Capital Improvement Fund as the City had budgeted for the full project this year. Lee, seconded by Hegland, moved to direct staff to apply for permits and review an agreement with the DNR for adoption at a future Council meeting. The motion carried 5- 0. ACCEPT RESIGNATION OF CITY ADMINISTRATOR AND DIRECT HIRING PROCESS City Administrator Handt submitted a letter of resignation to the Council on June 11th. Handt's proposed final day will be November 6, 2015 to allow for recruitment and placement of a f T6144ZIY.Y410 Simonson, seconded by Ness, moved to accept Handt's resignation. The motion carried 5- 0. June 16, 2015 Scandia City Council Page 6 of 6 Handt recommended the City work with a recruitment firm to handle the hiring process as has been done in the past. This typically takes 4 to 5 months. Mayor Simonson noted that the City has worked with Springsted two other times and the connection with that firm could shorten the process. Council member Lee said that the hiring process is too big a job to do in-house. Simonson, seconded by Lee, moved to authorize staff to obtain proposals from recruitment services and bring an agreement to the July Council meeting. The motion carried 5-0. ADJOURNMENT Ness, seconded by Lee, moved to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 8:06 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk