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6.a1 Draft minutes 10-20-2020 Meeting October 20, 2020 A regular meeting of the Scandia City Council was held on the above date with modifications. Due to the health advisory issued by the State regarding the COVID-19 outbreak, to avoid public gatherings and limit social contact, the meeting was conducted over a virtual meeting platform. All council members and staff who joined the meeting remotely could hear each other and contribute to discussions. City Administrator Cammilleri and City Clerk Eklund were present in the Council Chambers. Cammilleri was the presenter and displayed the meeting materials for participants to view on their remote screens. Mayor Christine Maefsky called the meeting to order at 7:00 p.m. Roll call was taken. The following were participants to the meeting: Council members Jerry Cusick, Steve Kronmiller, Chris Ness, Patti Ray and Mayor Christine Maefsky. Staff participating: City Administrator Ken Cammilleri, City Planner Evan Monson, City Engineer Ryan Goodman, City Attorney Chris Nelson, Fire Chief Mike Hinz, Public Works Director Adam Hawkinson, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Mayor Maefsky moved Consent Agenda Item #7f) Accept In-Kind Bench Donation in memory of Derek Keeney to the Parks and Recreation Committee report. Staff reported that Agenda Item #12) Closed Session to discuss possible approval of the 2021-2023 Labor Union Agreement could remain open if the Council was satisfied with the negotiated agreement. Council was in consensus to remain in open session to discuss the labor agreement. Ness, second by Ray, moved to approve the agenda as amended. Motion carried 5-0 by a roll call vote. LAW ENFORCEMENT REPORT Deputy Peters was not in attendance. The citation and incident reports for September were received. PUBLIC FORUM There were no public comments. CARNELIAN MARINE ST. CROIX WATERSHED DISTRICT SUMMARY OF ACCOMPLISHMENTS 2010-2019 Mike Isensee, Administrator of the local Watershed District, summarized the major projects undertaken by the Watershed in the past decade, and explained that the agency is working on a new 10-year management plan. Control of aquatic invasive species will be a priority. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) September 15, 2020 Regular Meeting 2) October 7, 2020 Work Session b) Treasurer’s Report c) Payment of Vouchers October 20, 2020 Scandia City Council Page 2 of 8 d) Approve Hiring Seasonal On-Call Snowplow Operators e) Authorize Hiring Process for Seasonal Ice Rink Maintenance Worker f) Accept In-Kind Bench Donation in Memory of Derek Keeney moved to # 9a) Ray, second by Kronmiller, moved to approve the Consent Agenda as amended. Motion carried 5-0 by a roll call vote. PUBLIC HEARING: ORDINANCE NO. 2020-04 BUSINESS LICENSING FOR EVENT FACILITIES A public hearing was held to receive comments on a proposed ordinance to license event facilities in Scandia. Staff explained that it provides a similar layer of accountability as the prior annual operating permits that were eliminated with the updated Rural Event Facility ordinance, with basic criteria for operators to meet. Language was incorporated to recognize the value that businesses bring to the community, to identify private events and required commercial liability insurance provisions. Mayor Maefsky opened the public hearing at 7:18 p.m. There were no comments and the hearing was closed. Council member Ray said she liked the new language. Council member Kronmiller recommended bringing this to the business community as another approach to awareness of the new ordinance. Staff suggested the EDA present it at a future business breakfast. Ray, second by Ness, moved to adopt Ordinance No. 2020-04, an Ordinance Adopting Business License Requirements within the City of Scandia, as presented. Motion carried 5- 0 by a roll call vote. Summary Publication of Ordinance No. 2020-04 (Resolution No. 2020-37) Kronmiller, second by Ray, moved to adopt Resolution No. 2020-37, Providing for the Summary Publication of Ordinance No. 2020-04. Motion carried 5-0 by a roll call vote. PARK AND RECREATION COMMITTEE Mayor Maefsky questioned several topics from the October 5th PRC minutes. • Ice Rink Ad Forms – Maefsky explained that the Tourism Committee has taken up the issue of signage and asked the PRC to allow Tourism to review this policy before moving ahead. Staff noted that there are 3 pending requests to purchase advertising boards on the ice rink, based on guidelines adopted in 2018. Maefsky, second by Cusick, moved to put ice rink signage on hold to allow for the Tourism Committee to provide feedback, for consideration at a future Council meeting. Motion carried 4-1 by a roll call vote, with Ness opposed. Ness stated that the City has a policy and there are businesses waiting to advertise. • Trail from Ozark Avenue to the Village Center – PRC Chair Terry Gorham explained that the City owns land that could provide a connection from the Scandia Mall to the proposed Gateway Trail site, and that a recommendation to prepare preliminary engineering for this October 20, 2020 Scandia City Council Page 3 of 8 connection may be coming to a future Council meeting from the PRC, estimated at a cost of $8,000 for an 800’ trail. Staff explained that the connection could be added to the Gateway Trail scope of funding, and it’s preferable to have a project shovel ready when the state provides grant money. Engineer Goodman agreed that a local investment puts a city in good standing with the state when considering grant distributions. Council member Kronmiller asked if the nearby residents have been notified of a potential trail next to their properties. Gorham said that had not been done but contacting the neighbors is the right thing to do. Staff will reach out to residents and report on consideration of a preliminary trail study at a future meeting. • Tax Forfeited Property Update – Since approved last month for the City to acquire a tax- forfeited parcel (PID 23.032.20.33.0009 located between 19940 and 20110 Orwell Avenue, 4.6 acres in size) for public purpose, staff explained that the County requires certain criteria for the City to accept as parkland open space, such as a basic walking trail and signage. Ray, second by Kronmiller, moved to adopt Resolution No. 2020-38 to Accept Tax Forfeit Property for the Establishment of a New Community Park on Orwell Avenue North. Motion carried 4-1 by a roll call vote, with Cusick opposed. • Local Club to Adopt Gardens at Hwy 97 & Olinda Trail – At their meeting, PRC approved reimbursement up to $600 to a local club for the planting of annuals in the MnDOT gardens at the above intersection. Maefsky questioned if this is within the budget, and what limit and procedures guide spending authority. Staff explained that the funds will be covered under the Parks maintenance budget for next year, and that department heads are given flexibility on spending within the budget. The City’s purchasing policy allows the Administrator discretion on purchases up to $5,000, but going forward can bring spending authorizations to the Council if they desire. Council had no objections to the beautification project. • Donation of Park Bench – Maefsky asked if the donated bench in memory of Derek Keeney, to be placed near the Warming House, meets the approved bench designs. Gorham noted that it is similarly designed to other benches, such as one recently installed at Bone Lake. PW Director Hawkinson said that as long as the bench is tasteful, it should be accepted as a donation. Maefsky said she was concerned that much time was put into approving a style of benches to accept, and now this may be overlooked. Maefsky said the City should make sure this is the type of bench they want. Gorham said the PRC will review the bench guidelines and work with the donor on an accepted style of bench for a consistent design. PLANNING COMMISSION Final Community Survey for the Zoning & Development Code Update Project — Swanson Haskamp Consulting Julia Mullin Paulsen, SHC, presented a revised community survey based on the Council’s feedback at their October 7th work session. The issues identification community survey will go live this week, to be promoted in the City’s newsletter and website and will run for approximately 3 weeks. October 20, 2020 Scandia City Council Page 4 of 8 Variance To Construct An Accessory Structure On Property With No Primary Residence Across From 18941 Layton Avenue North. Harold And Cynthia Johnson, Applicants. Resolution No. 2020-39 Planner Monson presented the recommendation from the Planning Commission to deny a variance request to construct a garage on vacant property across from 18941 Layton Avenue, the residence of applicants Harold and Cynthia Johnson. Monson explained the findings of denial based on not meeting the criteria for a variance – the request is not in harmony with the Comp Plan, would alter the essential character of the area, and is not a reasonable use of the property. Monson said it would be more advantageous to build a garage on the same property as the primary home. As well, the applicants recently converted an existing attached garage to living space and appeared to create their own hardship. Council member Kronmiller said there is no argument as to why the owner cannot combine his lots across the street with his primary lots. This will create a larger parcel to provide storage of items away from the lake, all good things and an example of what the City wants people to do. Other lots in the city have done this. Planner Monson stated that there is nothing in the zoning code to allow combination of non- contiguous lots that are separated by a roadway. Administrator Cammilleri said that the proposal is not unreasonable, but conflicts with how the ordinance is written. It may have been allowed in the past, but the code likely changed and staff cannot come up with findings to approve the variance. Mayor Maefsky said that in this case it may make sense but allowing it in other parts of the city could cause problems. If the ordinance is changed to allow accessory structures across roadways, it must be done carefully and thoughtfully. Kronmiller asked if the County will combine the lots into one parcel, why can’t the City recognize it as one. Staff explained that as a tax parcel the County can process a lot combination, but the County does not have authority over municipal zoning codes. The City could develop a zoning code that is neighborhood specific and look at situations where this is appropriate. Maefsky agreed this would be a good way to move this request forward. Cindy Johnson said that there are three examples of garages across the street within one block of their home. They are making an effort to be good stewards of the property and doing the right thing by enclosing their belongings. Johnson asked what the timeline would be to amend the accessory structure ordinance. Staff explained that an amendment could be in place by next year’s building season. Maefsky, second by Kronmiller, moved to adopt Resolution No. 2020-39, Denying a Variance for Parcels 31.032.20.11.0001 and 31.032.20.11.0002. Motion carried 5-0 by roll call vote. Maefsky, second by Kronmiller, moved to direct staff to amend the accessory structure ordinance to allow an exception for garages to be across the street. Motion carried 5-0 by roll call vote. October 20, 2020 Scandia City Council Page 5 of 8 Variance From The Minimum Side Property Line Setbacks To Construct A New Residential Structure At 18657 Lamar Avenue North. Michael Werb, Applicant. Resolution No. 2020-40 Planner Monson presented the recommendation from the Planning Commission to approve variances from the side property lines for construction of a new home at 18657 Lamar Avenue. The survey showed the dwelling to be 7’ from the side lot lines, a variance from the required 20’ setback. Lot coverage is below the maximum 25%. Mayor Maefsky asked about the septic system. Monson explained that the existing cabin that will be removed is connected to the Bliss System and will continue this service. A new well will be installed to serve the home. Kronmiller, second by Ray, moved to adopt Resolution No. 2020-40, Approving Variances for 18657 Lamar Avenue. Motion carried 5-0 by roll call vote. Variance From The Minimum Side Property Line Setbacks To Construct A New Residential Structure At 18643 Lamar Avenue North. Brenda Walker, Applicant. Resolution No. 2020-41 Planner Monson presented the recommendation from the Planning Commission to approve variances from the side property lines for construction of a new home at 18643 Lamar Avenue, and explained that the request is very similar to the prior variance. Werb and Walker are siblings with other family members already living in the neighborhood. Setbacks for the new home will be 7’ from the north and south property lines, a variance from the 20’ required. There is an existing garage that will remain on the property. Kronmiller, second by Ray, moved to adopt Resolution No. 2020-41, Approving Variances for 18643 Lamar Avenue. Motion carried 5-0 by roll call vote. Variance From The Minimum Lake Setback To Construct An Addition To A Residential Structure At 19241 Orwell Avenue North. Applicant Jay Berger On Behalf Of Property Owners Christopher Norville And Julie Miller. Resolution No. 2020-42 Planner Monson presented the recommendation from the Planning Commission to approve a variance from the 200’ setback from Sand Lake to construct a deck onto the existing residence at 19241 Orwell Avenue. The existing residence is non-conforming because it was built within the lake setback, placing the new deck at 63.7’ from the ordinary high-water level. There is an existing patio with unsafe steps that this deck will replace, extending an additional 7’ towards the lake. Findings found the encroachment to be minor as it is replacing unsafe steps, and improvements to the property is a reasonable use. Council member Ness asked if other neighboring decks are this close to the lake. Monson noted that nearby homes show similar setbacks, making this less impactful. Ray, second by Kronmiller, moved to adopt Resolution No. 2020-42, Approving Variance for 19241 Orwell Avenue North. Motion carried 5-0 by roll call vote. Ness said that he is generally opposed to allowing structures to go closer to the lake. October 20, 2020 Scandia City Council Page 6 of 8 SCANDIA INTERNET ACTION COMMITTEE Internet Action Committee member Marschall Smith reported that Midco’s DEED grant application for 2021 broadband expansion was accepted, with grant awards to be announced by the State at years end. Midco is also applying for federal grant funds in the RDOF program. The Committee is working to have Midco waive a $1,900 installation fee for Gammelgarden Museum under the premise that the site is served within Elim Church’s service agreement. Fiber deep technology was explained that will eventually allow 10 Gigabit speeds as Midco makes improvements to their network. TOURISM COMMITTEE Tourism Committee member Kirsten Libby reported that the Committee met on October 13th. They discussed website design and prototypes for the design of consistent signage in the community. BUILDING OFFICIAL The September building activity report was received. Last month 27 permits were issued at a valuation of $1,115,881.00. Year to date net income for building permits is $80,673.53. FIRE DEPARTMENT Fire Chief Hinz reported that the department responded to 22 calls in September; 14 fire related and 7 EMS related. Hinz estimated that 40% of medical calls are suspected COVID cases. Discussion on Door Access for Public Buildings Fire Chief Hinz reported that the quote from ArchKey ($109,011) for security feature additions to the Fire Station and City Hall was significantly higher than the quote from Twin City Hardware ($48,861.53) as presented at the October 7th Work Session. The expenses fall under the CARES Act funding program. Ray, second by Ness, moved to accept the bid from Twin City Hardware in the amount of $48,861.53 to be paid with CARES Act funding. Motion carried 5-0 by roll call vote. CITY ENGINEER City Engineer Goodman shared the survey link for Washington County’s Bicycle and Pedestrian Plan, and continues to be involved with the CLFLWD Comprehensive Watershed Management Plan drafting. Public Works/Fire Hall Parking Lot Improvements – Contractor’s Request for Payment No. 1 Kronmiller, second by Ray, moved to approve Pay Request No. 1 to Bluhm Construction in the amount of $58,401.03 for services provided for the Public Works – Fire & Rescue Parking Lot Improvements. Motion carried 5-0 by roll call vote. 2021 Street Improvement Project – Authorize Plans & Specifications As identified in the pavement management plan and the Capital Improvement Program, the City budgeted a total of $895,000 for next year’s project: $845,000 for 220th Street and Peabody Trail with $50,000 for a portion of Layton Avenue. A bid opening is anticipated for February 2021. October 20, 2020 Scandia City Council Page 7 of 8 Ness, second by Ray, moved to authorize plans and specifications for the 2021 Street Improvement Project as presented. Motion carried 5-0 by roll call vote. DIRECTOR OF PUBLIC WORKS PW Director Hawkinson reported that the crew performed the season’s first snowplow operations today. Tree removal along Quint Avenue is being looked into. FEMA Reimbursement Fund for Big Marine Sewer Improvements Hawkinson requested approval to use FEMA reimbursement funds to replace valves in the Bliss Addition sewer system at a cost of $8,819.46. Ray, second by Kronmiller, moved to approve the use of FEMA funds to repair equipment in the Bliss Addition sewer system. Motion carried 5-0 by roll call vote. CITY ADMINISTRATOR Administrator Cammilleri reported that the recent bonding bill passed by the state legislators did not include funding for the Gateway Trail expansion. Staff will work with representatives for other potential funding. Staff is preparing for election day activities. Cammilleri, Engineer Goodman and PW Director Hawkinson recently met with MnDOT to discuss safety improvements for pedestrian crossing at Highway 97 and Oakhill Road. Goodman recommended that the state and county take the lead on this complex project, and to keep pressuring MnDOT to do short-term improvements for now. Non-Union Employee Health Insurance Plan for 2021 Cammilleri presented a recommendation to select the Public Employee Insurance Program (PEIP) Advantage HSA Plan for the non-union benefits eligible employee’s health insurance coverage for next year. This option plan presents lower costs to both the City and employees. Cammilleri also recommended adding in dental coverage and extending disability and life insurance to part-time employees. This recommendation provides a total benefits cost for 2021of $47,545.67, approximately $10,000 lower than continuing with HealthPartners with no dental. Mayor Maefsky said that this benefits package brings coverage up to a level of what is typically offered; Ness, Ray, and Kronmiller expressed their support. Audio-Visual Equipment for The Community Center Cammilleri presented a corrected cost report for the purchase of AV equipment for the large hall that was approved at the October 7th Work Session. The contractor recommended the wiring of four robotic cameras instead of two that were in the accepted quote of $75,285, bringing the total cost to $84,825. Funding will be covered within the CARES Act Covid relief grant. Maefsky, second by Ness, moved to approve the EMI cost for wiring four cameras. Motion carried 5- 0 by roll call vote. APPROVAL OF THE 2021-2023 UNION AGREEMENT WITH THE LOCAL 49 UNION Administrator Cammilleri recommended approval of the three-year agreement with the Local 49 Union which represents the three maintenance workers in the Public Works Department. October 20, 2020 Scandia City Council Page 8 of 8 Kronmiller, second by Ness, moved to approve the 2021-2023 Union Agreement with the Local 49 Union as presented. Motion carried 5-0 by roll call vote. CLOSED SESSION At 10:00 p.m. the City Council went into Closed Session pursuant to Minnesota Statutes §13D.05, subdivision 3 (a), to evaluate the performance of the City Administrator. ADJOURNMENT Ray, seconded by Ness, moved to adjourn the meeting. Motion carried 5-0 by roll call vote. The meeting adjourned at 10:20 p.m. Respectfully submitted, Brenda Eklund City Clerk