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05-18-2021 MeetingMay 18, 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. 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 Heather Benson, Jerry Cusick, Steve Kronmiller, 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, Treasurer Colleen Firkus, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Ray, second by Benson, moved to approve the agenda as presented. Motion carried 5-0 by a roll call vote. LAW ENFORCEMENT REPORT The incident and citations report for the month of April was received. PUBLIC FORUM There were no comments from the public. Scandia Good Neighbor Proclamation to Dale and Michelle Setterholm Mayor Maefsky presented a Scandia Good Neighbor Proclamation to Dale and Michelle Setterholm in recognition of their many volunteer hours spent enhancing the City's parks and trails. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) April 20, 2021 Regular Meeting 2) April 21, 2021 Joint Meeting with CIC and Wastewater Committee 3) May 5, 2021 Work Session b) Treasurer's Report c) Payment of Vouchers d) Park User Permit for Fastpitch Softball Tournament June 25-27, 2021 e) Authorize hiring Summer Seasonal Parks Maintenance Workers Ray, second by Benson, moved to approve the Consent Agenda as presented. Motion carried 5-0 by a roll call vote. May 18, 2021 Scandia City Council Page 2 of 7 PARK AND RECREATION COMMITTEE Parks and Recreation Committee Chair Terry Gorham reported that the Committee recommended the children's Arts in Action program, hosted by St. Croix Festival Theatre, be scheduled for the week of August 2nd. The group will use the Community Center hall. Ray, second by Benson, moved to approve the Arts in Action program and its use of the Community Center hall. Motion carried 5-0 by a roll call vote. Gorham described the new story contest for the story boards at Lilleskogen Park as "Mayor for a Day". The winner, being announced on May 28th, will accompany Mayor Maefsky for the day. PLANNING COMMISSION Variance to construct a septic system within the west side yard setback at 13260182nd Street North. Dan Potter, Applicant. Resolution No. 2021-21 Planner Monson presented the recommendation from the Planning Commission to approve a variance from the west side yard setback to construct a replacement septic system at 13260 182nd Street. The Planning Commission tabled the applicant's request for a new detached garage and an addition to a deck on the northeast corner of the house. A resolution with findings and six conditions was presented. Monson explained that given the size of the lot and the location of the house, it would be difficult to locate a septic system on the property at an acceptable location that meets setbacks. Cusick, second by Ray, moved to approve Resolution No. 2021-21 Approving a Variance for a Septic System at 13260 182nd Street North. The motion carried 5-0 by a roll call vote. Recommendation to deny an amendment to the future land use map in the 2040 Scandia Comprehensive Plan, at Rustic Roots Winery from Agriculture Core to Rural Commercial zoning. Resolution 2021-22; AND Recommendation to deny an Amendment to the 2040 Future Land Use Map to amend the future land use designation for Parcel ID 19.032.19.33.000, Abrahamson's Nursery, located at 20021 St. Croix Trail North from General Rural to Rural Commercial. The amendment is requested in order to correct the mis- designated portions of the parcel not presently designated as Rural Commercial. Resolution No. 2021-23 At their meeting on April 6, 2021, the Planning Commission denied a request from Greg and Andrea Sandager for an amendment to the future land use map in the 2040 Comprehensive Plan for their Rustic Roots winery property, to designate the land from Agriculture Core to Rural Commercial zoning. The property is comprised of three separate parcels that total approximately 80 acres at 20168 St. Croix Trail. The Sandager's request was part of an application for a CUP for a Rural Event Center for the winery, which was approved. Administrator Cammilleri explained that the future land use map change would clean up some barriers for other uses on the property, such as a craft brewery. The Planning Commission formalized their findings for denial in a resolution, described by Planner Monson; that the proposed change in future land use designation could result in a negative impact to the rural character of the surrounding area, and that the proposed amendment would be out of step with the principles of the Comprehensive Plan. May 18, 2021 Scandia City Council Page 3 of 7 At the meeting on April 6th, the Planning Commission directed staff to prepare a public hearing to correct a zoning mis-designation of the property across the street, Abrahamson's Nursery at 20021 St. Croix Trail and owned by the same family. The unique property straddles St. Croix Trail and Oakhill Road, with portions of the lot zoned General Rural on the west of the highway and portions zoned Rural Commercial where the nursery building is located east of the highway. Staff explained that it is not common nor desirable to have one property zoned differently. A public hearing to clean-up the zoning designation by first revising the future land use map was held on May 4th. The Planning Commission recommended denial of the potential change to the future land use map for parcel 19.032.19.33.0005 to become Rural Commercial. A resolution with findings was presented; that designating portions of the property to Rural Commercial could open up areas for commercial uses that would be inconsistent with the rural character and activity of the area, and be incompatible with uses of adjacent properties. Council member Benson said she was in disagreement with both denials. Council member Cusick said the same, that the properties should be Rural Commercial; they border each other and Rural Commercial is a good use of the property. Council member Ray agreed, adding that the properties are owned by one family. Council member Kronmiller said that the zoning for the nursery property should be cleaned up, and that the proposed future uses on the winery property would not cause harm. Administrator Cammilleri noted the findings for approval, that the Council finds the uses to be reflective of the Comp Plan and the development code, and the uses fit the character of a Rural Commercial district. The Council voted on the resolution to approve an amendment to the future land use map for 20021 St. Croix Trail (Abrahamson's Nursery) as amended with findings of approval. Planner Monson added a condition that the approval would correct an historic error in the city's zoning map for the parcel that is in two different zoning districts. Council member Benson announced that she would abstain from voting due to her part-time employment at the winery which is owned by the same family. Kronmiller, second by Ray, moved to approve Resolution No. 2021-23, Approving an Amendment to the Future Land Use Map in the 2040 Scandia Comprehensive Plan for Parcel 19.032.19.33.0005; Located at Abrahamson's Nursery, 20021 St. Croix Trail North. The motion carried 4-0-0, with Benson abstaining. Council deliberated the request to amend the future land use map for the winery property, to designate it as Rural Commercial. Mayor Maefsky asked how many potential different businesses could be here. Administrator Cammilleri said that any allowable uses in the existing code could operate, but the list could be refined with the update to the City's development code now underway. Permissible uses could be updated to be reflective of rural character. Council member Kronmiller noted that if the winery property became RCOMM, the house at 16370 St. Croix Trail, zoned as General Rural would be surrounded on all sides by commercial zoning, a potential case for future problems for this residential property. Mayor Maefsky said she did not see this as a problem, and finds acceptable for all the winery property to be in one zoning May 18, 2021 Scandia City Council Page 4 of 7 district. Kronmiller recommended the 5 -acre property west of the residence remain as Ag Core zoning, as the majority of the winery operates on the remaining two parcels. Administrator Cammilleri composed findings for the Council's consensus to approve amending the future land map for the winery property for designation as Rural Commercial, with findings similar to Resolution No. 2021-23. The parcels meet the definition of the Rural Commercial future land use designation, and the proposed amendment would be consistent with the Comp Plan. Council member Benson announced that she would abstain from voting due to her part- time employment at the winery. Cusick, second by Ray, moved to approve Resolution No. 2021-22, Approving an Amendment to the Future Land Use Map in the 2040 Scandia Comprehensive Plan for Parcels 24.032.20.41.0001, 24.032.20.44.0002 and 24.032.20.44.0001 located at Rustic Roots Winery, 20168 St. Croix Trail North. Roll call vote: Ray —yes; Kronmiller — no; Cusick — yes; Benson — abstain; Maefsky — yes. The motion carried 3-1-0. City Attorney Nelson explained that by statute, amendments to the Comp Plan require approval by four members of the Council. Maefsky, second by Ray, moved to reconsider Resolution No. 2021-22. The motion carried 5-0 by roll call vote. Council member Kronmiller said he has concerns of incompatibility with property surrounding 16370 St. Croix Trail, but noted that they seem to agree on amending future land uses on two of the three winery parcels. Greg Sandager was present, and said that leaving the 5 -acre parcel as Ag Core would not particularly matter nor affect the operations of the winery. Attorney Nelson explained that the resolution could be amended to remove the 5 -acre parcel 24.032.20.44.0001, and leave approval for the other two parcels. Mayor Maefsky said she did not see a problem having all three properties amended in the future land use map, and said the residence at 16370 St. Croix Trail would still be surrounded on two sides by Rural Commercial, but Mr. Sandager's comment that leaving this parcel in Ag Core is not a problem carries weight in her decision. Cusick, second by Ray, moved to approve amended Resolution No. 2021-22, Approving an Amendment to the Future Land Use Map in the 2040 Scandia Comprehensive Plan for Parcels 24.032.20.41.0001 and 24.032.20.44.0002, located at Rustic Roots Winery, 20168 St. Croix Trail North. Roll call vote: Ray —yes; Kronmiller — yes; Cusick — yes; Benson — abstain; Maefsky — yes. The motion carried 4-0-0. SCANDIA INTERNET ACTION COMMITTEE Council member Ray announced that IAC Chair Bob Wilmers was out of town. TOURISM COMMITTEE Tourism Committee member Kirsten Libby reported that the Scandia EDA approved an expenditure of $450 to support a tourism initiative offered by Shrpa, to compile online day trip itineraries for destination travelers. The new business is supported by the State's tourism council and has signed on with 26 other communities so far. Mayor Maefsky added that Shrpa gave a May 18, 2021 Scandia City Council Page 5 of 7 very impressive presentation to the Committee, and this will be a way to bring people to Scandia to patronize the businesses, museums and sights. Council member Ray reported that she has been contacted by Scandia's Sister City Mellerud, and is pleased that communication has started for this collaboration. ECONOMIC DEVELOPMENT AUTHORITY EDA President Benson announced the EDA's monthly business breakfast is scheduled for May 19th. The Board approved a $450 cost to support the Tourism Committee's request to partner with Shrpa to create day trip packages for Scandia. The Board is in the process of updating their work plan for 2021-2030. A draft will be presented to the Council for their feedback at a future meeting. BUILDING OFFICIAL The April building activity report was received from Building Official Joel Hoistad. Last month 27 permits were issued at a valuation of $740,784. FIRE DEPARTMENT Fire Chief Hinz reported that the department responded to 16 calls in April; 8 fire related and 8 EMS related. CITY ENGINEER City Engineer Goodman reported that the contractor began base course paving today on 220th Street and Layton Avenue. 2021 Street Improvement Project - Contractor's Request for Payment No. I Kronmiller, second by Benson, moved to approve the Contractor's Request for Payment No. 1 and pay $118,214.77 to North Valley, Inc. for the services provided to date on the 2021 Street Improvement Project. The motion carried 5-0 by roll call vote. Dust Control Project Award Engineer Goodman explained that a dust control quote package with alternatives for wet and dry applications was prepared. Only one quote for the dry material application was received at a cost of $11,000 greater than the wet product application of calcium chloride. Goodman recommended the low bid for alternative #1 (wet application) be accepted from Northern Salt. Ray, second by Benson, moved to award the dust control project to the lowest bidder Northern Salt, Inc. for $20,221.00. The motion carried 5-0 by roll call vote. CITY ADMINISTRATOR Administrator Cammilleri reported that nine applications for the Public Works Director position were received, with preliminary interviews to be set up for next week. The volume of code complaints has been stepping up, as have building permits. Discuss the City's Covid-19 Business Plan Cammilleri recommended amendments to the City's Covid-19 Business Plan based on new guidance from the CDC and the State's executive orders. Rules on mask wearing and social May 18, 2021 Scandia City Council Page 6 of 7 distancing are being relaxed, and it's appropriate to re -assess the City's plan. Cammilleri recommended that in-person meetings begin in June in the large hall. There is adequate room to allow for social distancing, and the streaming equipment is ready to operate. New proposed language was prepared in the City's business plan. Masks would be encouraged but not mandatory. Staff and the public can still join the meetings remotely, as the new equipment will be set up for attendance to also be virtual. Attorney Nelson advised on statutory law that an exception exists until July 1 st for Council members to exceed the limit of attending up to 3 meetings remotely per year. It's unknown at this time if this exception will be extended. Cammilleri stated that surrounding communities are mostly conducting city meetings in person, or preparing to in June. The Mayor's emergency declaration is still in effect, and the policy will continue to reviewed each month. Council member Kronmiller said he would like time to read over the amended policy, as it was only recently added to the meeting packet. Kronmiller said that his occupation in the health care industry gives him concerns for his presence at public meetings. Ray, second by Benson, moved to approve the City's Covid-19 Business Plan as amended. Roll call vote: Ray -yes; Kronmiller — no; Cusick — yes; Benson — yes; Maefsky — yes. Motion carried 4-1. Staff will consult with Forest Lake Cable on their ability to provide a video operator to stream all public meetings. PRESENTATION BY SCHLENNER WENNER & COMPANY ON THE 2020 AUDITED FINANCIAL STATEMENT Jon Archer, Schlenner Wenner CPA, presented a summary of the City's 2020 audited financial statements with the result of a clean, unmodified opinion. The audit was entirely remote and went very smoothly with no unusual transactions. Revenue in 2020 exceeded the budget, leaving the City in a strong cash position with increased fund balances. DISCUSSION ON RIVER ISSUES TASK FORCE John Goodfellow explained that he would like to get Council support to sponsor a task force in collaboration with the City of Marine and Town of May to study issues, engage stakeholders, develop balanced ideas and mitigation strategies, for protection of the St. Croix River which the three communities' border, at total length of 13 miles of riverway. Administrator Cammilleri noted that the Wisconsin side of the river should be included, along with other jurisdictional agencies such as Washington County and the National Park Service, also key stakeholders. Cammilleri noted that many of the emails he received on this topic focused on speed and wake complaints that could be better addressed by the appropriate agencies. Wendy Ward, City of Marine Council member, joined the meeting and stated that the idea is to start small with the contiguous communities and then build upon this resource by engaging with other interests. May 18, 2021 Scandia City Council Page 7 of 7 Council member Cusick said that the largest stakeholders are the users of the river and appear to not be included in this rule-making force. Cusick said he is opposed to certain individuals leveraging the City to further an agenda of special interest groups. There are problems such as speed and noise that can be addressed carefully with the Sheriff's Department. Mayor Maefsky said she will talk to Marine and May Township to see how they could enter into a cooperative group, and continue this discussion at a future meeting. Mr. Goodman invited any interested individuals to contact him and join in the effort to educate and build awareness of protecting the river. ADJOURNMENT Ray, second by Benson, moved to adjourn the meeting. Motion carried 5-0 by roll call vote. The meeting adjourned at 9:26 p.m. Respectfully submitted, Brenda Eklund City Clerk