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6.a1 Draft minutes 04-20-2021 Meeting April 20, 2021 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 at City Hall. Cammilleri was the presenter and displayed the meeting materials for participants to view on their remote screens. Acting Mayor Patti Ray called the meeting to order at 7:00 p.m. Roll call was taken. The following were participants to the meeting: Council members Heather Benson, Jerry Cusick, Steve Kronmiller, and Acting Mayor Patti Ray. Absent: 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, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Benson, second by Kronmiller, moved to approve the agenda as presented. Motion carried 4-0 by a roll call vote. LAW ENFORCEMENT REPORT The incident and citations report for the month of March was received. PUBLIC FORUM There were no comments from the public. Certificate of Appreciation to outgoing Planning Commissioner Dan Squyres Planning Commissioner Dan Squyres was presented a Certificate of Appreciation for his seven years of serving on the Commission, with the majority of those years as the Chair. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) March 16, 2021 Regular Meeting 2) April 7, 2021 Work Session 3) April 14, 2021 Joint Work Session with Scandia Planning Commission b) Treasurer’s Report c) Payment of Vouchers d) Special Event Permit for Bridge the Valley Bicycle Rally, August 15, 2021 Kronmiller, second by Benson, moved to approve the Consent Agenda as presented. Motion carried 4-0 by roll call vote. PUBLIC HEARINGS New On-Sale Intoxicating Liquor/Sunday On-Sale Intoxicating Liquor License application for Thirsty Buffalo Saloon at 21050 Ozark Court North April 20, 2021 Scandia City Council Page 2 of 8 Acting Mayor Ray opened a public hearing for a new liquor license as applied for by Timothy Tochman, to operate Thirsty Buffalo Saloon, a bar and restaurant at the former Brookside Pub at 21050 Ozark Court North. There were no comments and the hearing was closed. Trisha Tappe was present at the meeting, and stated that the business is anticipating a May 1st opening. Benson, second by Cusick, moved to approve an On-Sale Intoxicating Liquor/Sunday On- Sale Intoxicating Liquor License for Thirsty Buffalo Saloon at 21050 Ozark Court North Public Hearing on Vacation of Certain Public Drainage Easements in the Lily Pad Lookout Subdivision and Consideration of Approval. Resolution No. 2021-11 Acting Mayor Ray opened a public hearing for the purpose of vacating public drainage easements in the new minor subdivision Lily Pad Lookout. City Administrator Cammilleri explained that stormwater and utility easements are being vacated and replaced with new easement descriptions to accurately reflect correct easements. There were no comments and the hearing was closed. Benson, second by Cusick, moved to approve Resolution No. 2021-11, Vacating Two Drainage Easements in the Lily Pad Lookout Subdivision. The motion carried 4-0 by roll call vote. PARK AND RECREATION COMMITTEE Council member Ray reported that the Playground Equipment Sub-Committee is studying new replacement equipment for the Community Center playground. The PRC is working on summer programming, and a possible Little Community Library for children’s books at Lilleskogen Park. PLANNING COMMISSION Variance to construct a new single-family residential structure at 13160 182nd Street North. Tim Boncher, Applicant on behalf of property owners James and Dana Tonrey. Resolution No. 2021-12 Planner Monson explained a variance request from Tim Boncher to construct a new home at 13160 182nd Street, located in the Shoreland Overlay District of Big Marine Lake. The home and septic system meet the setbacks of the 1.48-acre lot, but a variance from minimum lot size (2.5- acres) is necessary to develop the property. The Planning Commission recommended approval of the variance. A resolution was presented with findings that the request is in harmony with the Comp Plan, the practical difficulties of the lot being non-conforming are not caused by the landowner, and granting the variance would not alter the essential character of the neighborhood. Six conditions of approval included a grading permit and Watershed Permit be approved before a building permit is issued. Cammilleri explained that culvert discharge will be addressed with the grading and Watershed permits as mechanisms to ensure surrounding properties are not impacted by construction of the driveway, home, and mound septic system. Kronmiller, second by Benson, moved to approve Resolution No. 2021-12, Approving a Variance at 13160 182nd Street. The motion carried 4-0 by roll call vote. April 20, 2021 Scandia City Council Page 3 of 8 Variances to alter an existing non-conforming structure at 20033 Quinnell Avenue North. Craig Smith and Merritt Clapp-Smith, Applicants. Resolution No. 2021-13 Planner Monson explained a variance request from Craig Smith and Merritt Clapp-Smith to fix up and add a loft to an existing non-conforming cabin at 20033 Quinnell Avenue, a property within the St. Croix Riverway District. As the project value exceeds 50% of the assessed value of the non-conforming cabin, a variance is needed. As well, the cabin is non-conforming to the bluffline setback. The Planning Commission recommended approval based on findings and conditions prepared in a resolution. The proposed project would not impact scenic views from the river, and the practical difficulties of the cabin built prior to bluffline regulations were not caused by the landowners. Conditions included grading and Watershed approvals prior to issuance of a building permit. Cusick, second by Benson, moved to approve Resolution No. 2021-13, Approving a Variance for 20033 Quinnell Avenue North. The motion carried 4-0 by roll call vote. Conditional Use Permit for a Rural Event Center at 20168 St. Croix Trail North. Greg and Andrea Sandager, Applicants. Resolution No. 2021-14 Planner Monson explained a Conditional Use Permit request from Greg and Andrea Sandager to operate a Rural Event Center at their existing winery operation at 20168 St. Croix Trail North, a permitted use in this Ag Core zoning district. The applicants would like to rezone their property to match the zoning of their adjacent parcel which is partly zoned Rural Commercial, for a potential brewery in the future. Since the Rural Event Facility use is not permitted in the R Comm zoning district, a request to amend the development code was also part of the Sandagers’ application. The Planning Commission recommended approval of the request for a CUP to operate a Rural Event Facility, with findings and conditions presented in a resolution. By meeting the requirements of the Rural Event Facility land use as outlined in the development code, the use would not be detrimental to other property in the vicinity, and would be in compliance with the Comp Plan to help preserve and showcase the rural character of the city. Four conditions of approval included staff approval of a landscaping, parking, lighting and grading plan. Council member Benson announced that she would abstain from a vote on the CUP as an employee of the winery. Cusick, second by Kronmiller, moved to approve Resolution No. 2021-14, Approving a Conditional Use Permit for a Rural Event Center at 20168 St. Croix Trail North. The motion carried 3-0 by a roll call vote, with Benson abstaining. Planner Monson explained that the applicants’ request to amend the future land use map, to rezone the winery’s 80 acres from Ag Core to Rural Commercial, was denied by the Planning Commission. Findings included that this change could result in a negative impact to the rural character of the area. There are a number of high intensity commercial uses that could potentially be allowed on this property in the future if there were a sale of the property, which the April 20, 2021 Scandia City Council Page 4 of 8 Commissioners felt were not appropriate for this area. The Commissioners recommended the future land use remain Ag Core. The Commissioners did vote to correct a mis-designated portion of the winery property on the east side of Highway 95. A public hearing to amend the 2040 Future Land Use Map is scheduled for the May 4th Planning Commission meeting to correct the approximately 5 acres mis-zoned as General Rural to Rural Commercial, so that the entire Parcel ID 19.032.19.33.0005 located at 20021 St. Croix Trail North (location of Abrahamson’s Nursery) will be completely designated as Rural Commercial. Ordinance No. 2021-01 – Amendment to the City of Scandia Development Code to permit Rural Event Facilities in the Rural Commercial Zoning District with a CUP Planner Monson presented the approval from the Planning Commission to amend the development code to allow Rural Event Centers as a permitted land use with a CUP in the Rural Commercial zoning district. The Commission reasoned that it is an appropriate use for this zoning district which will support the rural and historic character of the city. The Comp Plan supports expansion and retention of local businesses in the existing R Comm districts, as well as supports community scale ag operations. Adding this use would not prevent the city from meeting these goals of the Comp Plan. They also reasoned that there is a limited amount of land currently zoned R Comm so adding this use to it would not open up much more of the city to Rural Event Facilities. Kronmiller, second by Cusick, moved to adopt Ordinance No. 2021-01, An Ordinance Amending Ordinance No. 122, the Scandia Development Code, Chapter 2, Section 2.11 and Chapter 2, Section 4.33 Regarding Rural Event Facilities in the Rural Commercial Zoning District. The motion carried 4-0 by a roll call vote. Ordinance No. 2021-01 Publication Summary. Resolution No. 2021-16 Kronmiller, second by Ray, moved to approve Resolution No. 2021-16, Approving Summary Publication of Ordinance No. 2021-01. Motion carried 4-0 by a roll call vote. Variance to alter an existing non-conforming structure at 16970 197th Street North. Mark Holloway, Applicant on behalf of property owner Nancy Staub. Resolution No. 2021-15 Planner Monson presented the variance request from contractor Mark Holloway to remodel an existing structure at 16970 197th Street owned by Nancy Staub. The structure was built prior to current regulations and does not meet minimum setbacks or lot size, and is non-conforming. Because the remodel exceeds 50% of the non-conforming structure’s valuation, a variance is needed. The Planning Commission recommended approval of the request with findings that the practical difficulties of not meeting setbacks were not caused by the landowner, and the improvements are all interior and will not alter the essential character of the area. Ms. Staub was agreeable to combine the surrounding contiguous lots in her ownership, which would result in the property being close to 2 acres in size. This was a condition of approval as presented in a resolution. Council member Kronmiller stated that enforcing lot combination is good, and should be applied consistently everywhere. April 20, 2021 Scandia City Council Page 5 of 8 Benson, second by Kronmiller, moved to approve Resolution No. 2021-15, Approving a Variance for 16970 197th Street North. The motion carried 4-0 by roll call vote. Ordinance No. 2021-02 – Amendments to the City of Scandia Development Code regarding Government Land Uses, Signs, Building Types and Materials, and Accessory Structures Administrator Cammilleri explained the amendments to the development code as recommended for adoption by the Planning Commission. • Government Land Uses. Chapter 1, Section 4.2 Definitions; and Chapter 2, Allowed Uses in the VMU A and VMU B zoning districts -- Would revise the definition of ‘Government Uses, Buildings, and Storage’ to remove any ambiguity with uses of the Community Center. Two new uses would be defined in the definitions: ‘Arts and Heritage Center’ and ‘Institutional Use’. The ‘Arts and Heritage Center’ use is self- explanatory; the ‘Institutional Use’ would include churches, parks, trailheads, and other similar uses. These two new uses would then be permitted in the VMU A and VMU B zoning districts (the Community Center parcel is zoned VMU B). • Signs. Chapter 2, Section 3.13 -- Add language allowing a sign by right for Institutional Uses, such as parks and cemeteries, up to 32 square feet. • Building Types and Materials. Chapter 2, Section 3.14 -- Proposed changes would remove what was permitted in the Development Code but not permitted under the Architectural Guidelines, as well as clarify requirements that were ambiguous and easy to misinterpret. • Accessory Structures. Chapter 2, Section 3.2 – In the first exception found in the chart of allowable square feet and number of permitted accessory structures, amend the requirement to now permit a garage, attached or detached, on a site if it currently has none. The permitted garage could be up to 864 square feet in size (such as a 24’ x 36’ garage) before the square footage would count against the total amount of square footage allowed on a parcel. Such garages would still need to follow setbacks, impervious surface requirements, and other applicable rules in the Development Code. Legal counsel advised postponing action to allow the proposed ordinance additional posting notice on the city’s website. The ordinance will be considered at the May 5th Work Session. Ordinance No. 2021-03 – Amendment to the City of Scandia Development Code regarding Temporary Farm Dwellings, Standards for Uses Planner Monson presented an ordinance as recommended for adoption by the Planning Commission regarding Temporary Farm Dwellings. The Commissioners reasoned that the amendments to lower the allowed property size from 75 acres to between 7.5 (in AG Core and GR) to 10 acres (VN zoning district), and to remove limitations on who can occupy the dwelling would better provide options for those working as seasonal, part-time, or full-time farm workers. Reasons for revising the requirements of this land use also included guaranteeing farming operations are a viable profession and to meet the vision of the Comprehensive Plan. The temporary farm dwellings would be allowed by an Interim Use Permit, statutorily valid for 5 years, with an opportunity to renew the IUP. April 20, 2021 Scandia City Council Page 6 of 8 Attorney Nelson explained redlined language he recommended for Section 8 to better address termination of the permit. Acting Mayor Ray suggested the draft ordinance needs further research by the Council. Questions regarding sanitation disposal for systems not hooked up to an on-site sewer system, and types of housing were some areas of concern. Planning Commission Chair Loeffler addressed the Council and explained the amendments will assist with solving housing problems for farms, reinforces the rural and agricultural character of this community, and that the amendments received public support at the hearing held on March 2nd. Loeffler offered to provide the Council with resources on this issue. Ray directed staff to bring the draft ordinance to the May 5th Work Session to investigate the questions brought up and to collect more information. SCANDIA INTERNET ACTION COMMITTEE IAC Chair Bob Wilmers provided statistics on capital funding of the City’s broadband expansion of fiber to the home and what future years could accomplish, with a scenario of having 100% coverage by 2024. TOURISM COMMITTEE Administrator Cammilleri reported that the Tourism Committee is researching wayfinding signs for the Village Center. ECONOMIC DEVELOPMENT AUTHORITY EDA President Benson announced the EDA’s monthly business breakfast is scheduled for April 21st. The Board is reviewing its strategic work plan, EDA priorities, and the role of remote workers in Scandia’s future. BUILDING OFFICIAL The March building activity report was received from Building Official Joel Hoistad. Last month 26 permits were issued at a valuation of $745,175. FIRE DEPARTMENT Fire Chief Hinz reported that the department responded to 19 calls in March; 7 fire related and 12 EMS related. Radio Replacement for Fire Department Fire Chief Hinz explained that the department’s Motorola radios are discontinued and no longer supported. The Capital Improvement Plan set aside $75,000 for radio replacement on a 15-year replacement schedule. A quote was received from Ancom Communications for the project to replace all discontinued radios and add radios to Utility 1 at a cost of $105,837.08. Administrator Cammilleri noted that the capital fund can absorb the extra cost of the radio replacement project, and encouraged approval of the request. Hinz explained that purchase of radios for the Public Works Department is also in the CIP at a cost of $10,000. A quote for purchasing radios for the Public Works Department was received in April 20, 2021 Scandia City Council Page 7 of 8 the amount of $13,961.45. Staff recommended tabling this project until the hiring of a new Public Works Director. Benson, second by Kronmiller, moved to approve the purchase of Fire Department radios per the Ancom Communications quote #1443648 in the amount of $105,837.08. The motion carried 4-0 by roll call vote. CITY ENGINEER City Engineer Goodman reported that the 2021 Street Improvement Project contracts have been executed and the work is scheduled to begin the first week of May. 2021 Street Improvement Project – Change Order No. 1 Goodman explained that the favorable bid for the project will allow for Pomroy Avenue North to be added to the 2021 Street Improvement Project up to $125,000. Change Order No. 1 will compensate the contractor for reclaiming, constructing drainage improvements, and paving Pomroy Avenue N from the 220th Street N intersection to approximately 2000’ South of the intersection, for $121,408.10. Kronmiller, second by Cusick, moved to approve Change Order No. 1 for the 2021 Street Improvement Project. The motion carried 4-0 by roll call vote. CITY ADMINISTRATOR Administrator Cammilleri reported that the spring newsletter has been distributed to all residents, the DNR grant for weed control and native species planting in Lilleskogen Park continues this year, staff is working on a delegation of representative to the City to introduce a legislative bonding bill for sewer improvements for consideration in 2022. Public Works is focusing on spring clean-up of brush and ditches. APPLICATION FROM DEAD BROKE SADDLE CLUB FOR LAWFUL GAMBLING PREMISES PERMIT TO CONDUCT CHARITABLE GAMBLING AT THIRSTY BUFFALO SALOON, 21050 OZARK COURT NORTH. RESOLUTION NO. 2021-19 City Clerk Eklund reported on a Lawful Gambling Premises Permit application received from the Dead Broke Saddle Club to conduct charitable gambling at the soon to open Thirsty Buffalo Saloon. The application met all ordinance requirements. Kronmiller, second by Benson, moved to approve Resolution No. 2021-19, Approving a Lawful Gambling Premises Permit to Dead Broke Saddle Club to conduct charitable gambling at the Thirsty Buffalo Saloon. The motion carried 4-0 by roll call vote. CONSIDER NOMINATIONS TO CARNELIAN-MARINE-ST. CROIX WATERSHED DISTRICT BOARD OF MANAGERS City Clerk Eklund received notice on March 22, 2021, that terms of office for four Watershed Managers in the Carnelian-Marine-St. Croix Watershed District were expiring. Notice for applicants was posted on the City’s website, but no applications were received by the deadline. Scandia resident Paul Richert, whose term expires June 21, 2021, provided a statement that he would like to be reappointed to the Board. April 20, 2021 Scandia City Council Page 8 of 8 Council member Kronmiller stated that Mr. Richert has done a good job of representing Scandia. Kronmiller, second by Ray, moved to endorse the reappointment of Paul Richert to the Carnelian-Marine-St. Croix Watershed District Board of Managers. The motion carried 4- 0 by roll call vote. ADJOURNMENT Benson, second by Kronmiller, moved to adjourn the meeting. Motion carried 4-0 by roll call vote. The meeting adjourned at 8:50 p.m. Respectfully submitted, Brenda Eklund City Clerk