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6.a1 Draft minutes 11-17-2020 Meeting November 17, 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. Acting Mayor Chris Ness 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, and Patti Ray. Absent: Mayor Christine Maefsky. Staff participating: City Administrator Ken Cammilleri, City Planner Evan Monson, City Engineer Ryan Goodman, City Attorney Chris Nelson, Police Deputy David Peters, Fire Chief Mike Hinz, Public Works Director Adam Hawkinson, Treasurer Colleen Firkus, and City Clerk Brenda Eklund. APPROVAL OF AGENDA City Administrator Cammilleri announced Addition #9.e3) Right-of-way license agreement. Ray, second by Kronmiller, moved to approve the agenda as amended. Motion carried 4-0 by a roll call vote. LAW ENFORCEMENT REPORT Deputy Peters reported that fraud reports continue to be a concern, and urged caution to not provide banking or credit card information over the phone. The citation and incident reports for October were received. City Administrator Cammilleri added that there are a number of pending prosecutions awaiting in the courts, resulting in a backlog of citations to be resolved. PUBLIC FORUM There were no public comments. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) October 20, 2020 Regular Meeting 2) October 27, 2020 Budget Work Session 3) November 4, 2020 Joint Meeting with the Planning Commission 4) November 4, 2020 Work Session 5) November 12, 2020 Board of Canvass b) Treasurer’s Report c) Payment of Vouchers d) Volunteer Firefighter Levy pay increase e) Appointment to Economic Development Authority Board f) Approve 2021 Tobacco License Renewals: AJL Enterprises dba Scandia Olde Towne Liquor, Federated Co-ops, Inc. dba Scandia Country Store & Cenex g) Approve 2021 Liquor License Renewal: AJL Enterprises, Inc. dba Scandia Olde Towne Liquor (Off-Sale) November 17, 2020 Scandia City Council Page 2 of 6 Council member Ray noted a correction to the November 4 Work Session minutes, page 2. Kronmiller, second by Ray, moved to approve the Consent Agenda as amended to correct the November 4, 2020 meeting minutes. Motion carried 4-0 by a roll call vote. PUBLIC HEARING: CERTIFICATION OF UNPAID CHARGES FOR THE 201 SEWER SYSTEM FOR COLLECTION WITH PROPERTY TAXES The public hearing on unpaid charges for the 201 sewer system was delayed to the December 15, 2020 City Council meeting. PARK AND RECREATION COMMITTEE Parks and Recreation Committee Vice-Chair Greg Zauner reported on the Committee’s November 2, 2020 meeting: • Withdrew its recommendation to waive ice rink advertising fees for Vinterfest donors; • Potential Eagle Scout project planned for installation of stepping stones at Lilleskogen Park. PLANNING COMMISSION Variance from the minimum lake setback to construct an addition to a residential structure at 18590 Norell Avenue North. Neil and Diana Swenson, Applicants. Resolution No. 2020-45 Planner Monson presented the recommendation from the Planning Commission to approve a variance for a remodel and addition to an existing cabin at 18590 Norell Avenue, but to deny a variance for a second garage. Monson explained that findings could not support a second garage on the small lake lot. A resolution with findings and seven conditions to approve an 80.1 foot variance from the lake setback was prepared. Council member Ness asked for clarification that the existing cabin is on the city’s 201 sewer system. Monson stated that it is, and the number of bedrooms will remain at two so as not to overwhelm the sewer system. Applicant Neil Swenson explained that the attached garage includes living space above, and said they worked with the Watershed District with a plan to protect Big Marine Lake. The addition is not excessive in size and lot coverage is under 25%. Council member Ray said she was concerned that the structure is too close to the lake, and is being converted to a full-time residence that could affect the capacity of the sewer system. Council member Kronmiller asked about the fence along the south property line. Swenson said the adjacent property owner had put the fence up. City Administrator Cammilleri explained that the ordinance is not entirely clear on defining an attached garage as an accessory structure, and the Planning Commission struggled with this request as meeting the variance criteria to be the minimum action to alleviate the problem. Cammilleri noted that the garage does include primary living space as well. November 17, 2020 Scandia City Council Page 3 of 6 Council member Ness said that as long as the footprint of the addition was approved by the Commission, he is fine with the garage. Cusick, second by Kronmiller, moved to adopt Resolution No. 2020-45 as presented. Motion carried 4-0 by roll call vote. Staff explained that the resolution included the Planning Commission’s recommendation to approve the addition and remodel, but to deny the attached garage. Swenson stated that an attached garage is important for this home being planned for their retirement, so that they do not risk icy sidewalks in the winter. Council member Ness said they need a motion to approve the addition with a garage, as its shown on the survey. Ness, second by Cusick, moved to rescind the above motion to adopt Resolution 2020-45. Motion carried 4-0 by roll call vote. Staff noted several amendments within the findings of the resolution, to modify language that would meet criteria to approve all requested variances, including the attached garage. Cusick, second by Kronmiller, to adopt Resolution No. 2020-45 as amended by staff. Motion caried 4-0 by roll call vote. Variance from lake setback and side setback to reconstruct a residential structure at 12050 196th Street. Debra and Robert Davies, Applicants. Resolution No. 2020-46 Planner Monson presented the recommendation from the Planning Commission to approve variances to reconstruct a residential structure at 12050 196th Street. A revised site plan with a box mound septic system required a second review by the Planning Commission. The applicants explained that this was a better situation overall for the lake lot they are improving with a new single-family home. A resolution with findings and six conditions to approve variances to front, side and lake setbacks was presented. Ray, second by Cusick, moved to adopt Resolution No. 2020-46 as presented. Motion carried 4-0 by roll call vote. Variance from lake, front and side setbacks to reconstruct a residential structure at 18570 Norell Avenue. Applicant John Walsh on behalf of property owners Tom and Barb Tomaro. Resolution No. 2020-47 Planner Monson presented the recommendation from the Planning Commission to approve variances to replace an existing cabin with a year-round residential structure at 18570 Norell Avenue. The cabin must be removed, and the new home allowed no more than 2 bedrooms to stay with the existing capacity size to the City’s sewer system connection. A resolution with findings and eight conditions to approve variances from the lake, front and south property line was presented. Council member Ray questioned the building plans showing the number of bedrooms, and a tree removal plan. Tom Tomaro noted that the plans in the packet may not be the most recent revised plans to show no more than two bedrooms, which they are committed to building. Tomaro November 17, 2020 Scandia City Council Page 4 of 6 explained they removed a cottonwood, and will remove two trees for the new home. They have planted, and will plant, a number of native tree species. Council member Kronmiller asked if the fence on the south property line, shown on the survey to meander onto the adjoining lot, can be straightened out. Tomaro agreed to fix the fence to be on the property line as the code allows. Ray, second by Cusick, moved to adopt Resolution No. 2020-47 as presented. Kronmiller, second by Ray, moved to amend the motion to add a condition to straighten the fence along the south boundary line. Motion to amend the resolution was approved 4-0 by roll call vote. The motion to adopt the amended Resolution No. 2020-47 carried 4-0 by roll call vote. SCANDIA INTERNET ACTION COMMITTEE Council member Ray reported on the Internet Action Committee’s November 12th meeting. Communication was sent to 79 addresses to ask for letters of support for next year’s broadband expansion grant application. DEED and RDOF grants will be announced by early 2021. The take rate for this past year’s broadband expansion is now at 37%. TOURISM COMMITTEE Tourism Committee Chair Sarah Porbcansky reported on the Committee’s November 10th meeting: • Recommended the Council amend the advertising sign policy • Recommended acceptance of the sign design for Lilleskogen Park • Recommended that advertising signs be prohibited on the ice rink boards • Website design continues prior to launching on January 1, 2021 Ray, second by Kronmiller, moved to adopt the sign design for Parks and purchase the sign for Lilleskogen Park at a cost of $4,500. Motion carried 4-0 by roll call vote. Advertising on the ice rink boards will be discussed at the December 1st Work Session. BUILDING OFFICIAL The October building activity report was received. Last month 24 permits were issued at a valuation of $665,120.00. Year to date net income for building permits is $91,452.23. FIRE DEPARTMENT Fire Chief Hinz reported that the department responded to 21 calls in October; 6 fire related and 15 EMS related. Hinz reported an uptick in Covid related calls, and the department is using full precautions. Replace defibrillator equipment Fire Chief Hinz explained that the Zoll E-Series defibrillator equipment, purchased in 2010, is being discontinued. The Capital Improvement Plan included replacement of this equipment at a November 17, 2020 Scandia City Council Page 5 of 6 cost of $30,000 with a 10-year life span. A committee was formed to research options for replacement, and recommended the Zoll X-Series at a cost of $36,170.68. Hinz stated that the Scandia Fire Relief Association will donate $6,171 towards its purchase. Ray, second by Kronmiller, moved to approve the purchase of the Zoll X-Series defibrillator equipment at a cost of $36,170.68 and to accept the donation of $6,171 from Scandia Fire Relief Association. Motion carried 4-0 by roll call vote. CITY ENGINEER City Engineer Goodman reported that MnDOT is planning for sign replacement and tree clearing to improve safety at the Highway 97/Oakhill Road crossing. Goodman presented a draft letter regarding comments on Washington County’s CIP projects, and asked that any additional comments be sent to him by the end of the week Public Works/Fire Hall Parking Lot Improvements – Contractor’s Request for Payment No. 2 and Final Kronmiller, second by Ray, moved to approve Pay Request No. 2 and Final to Bluhm Construction in the amount of $3,994.91 for services provided for the Public Works – Fire & Rescue Parking Lot Improvements. Motion carried 4-0 by roll call vote. DIRECTOR OF PUBLIC WORKS PW Director Hawkinson reported that ditching work on the east end of Pilar Road has been completed. A street pole hit by a vehicle along Olinda Trail has been replaced. Hawkinson is working on an emergency water plan. CITY ADMINISTRATOR Administrator Cammilleri reported that ditching improvements for drainage were made in the Bliss Addition with the permission from the property owners. City of Scandia Covid-19 Business Plan Administrator Cammilleri reported that Washington County is experiencing a 5% Covid positivity rate, with the state at a concerning level of 10%. Based on state guidance, changes will be made to the City’s winter operations of the ice rink. The ice rink will be open for skating, but the Warming House will be closed to the public. More benches will be placed near the rink for skaters, and possibly another porta-potty. Cammilleri recommended the Council allow staff to adapt the City’s Covid-19 Business Plan as necessary to conform to state guidelines. Kronmiller, second by Ray, moved to authorize staff to amend the City’s Covid-19 Business Plan as needed. Motion carried 4-0 by a roll call vote. CARES Act Expenditure Update Treasurer Firkus reported that unspent CARES Act funds of $31,088 has been returned to Washington County. November 17, 2020 Scandia City Council Page 6 of 6 Right-of-Way Encroachment License Agreement Administrator Cammilleri presented a right-of-way encroachment license agreement prepared by legal counsel to allow a portion of a driveway at 10875 213th Street to lie within the right-of-way of the unopened portion of the street. Property owners Sharene and John Peltier had signed the agreement. Ray, second by Kronmiller, moved to approve the Right-of-Way Encroachment License between the City of Scandia and John and Sharene Peltier for 10875 213th Street North. Motion carried 4-0 by a roll call vote. CONSIDER CARNELIAN-MARINE-ST. CROIX WATERSHED’S REQUEST FOR REDUCTION IN BOARD MANAGERS, RESOLUTION NO. 2020-44 Mike Isensee, Administrator of the Carnelian-Marine-St. Croix Watershed, explained a request to pass a resolution enabling the District to reduce the number of Board Mangers from 7 to 5. With support from communities within the Watershed District, the County can petition the Board of Water and Soil Resources to enact this change. Mr. Isensee noted that CMSCWD is the only watershed district in Washington County that has seven managers; the other five watershed districts each have five managers, and filling vacancies has created substantial challenges. Kronmiller, second by Ray, moved to adopt Resolution No. 2020-44 as presented. The motion carried 4-0 by a roll call vote. ADJOURNMENT Ray, seconded by Cusick, moved to adjourn the meeting. Motion carried 4-0 by roll call vote. The meeting adjourned at 8:40 p.m. Respectfully submitted, Brenda Eklund City Clerk