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06-15-2021 MeetingJune 15, 2021 A Special Meeting of the Scandia City Council began at 6:00 p.m. in the Board Room of the Scandia Community Center for the purpose of interviewing two candidates for the position of Director of Public Works. A brief discussion occurred before the Council moved into the regular meeting in the large hall, where further deliberations continued during the meeting. A regular meeting was held on the above date with modifications. The meeting was conducted in-person at the Scandia Community Center and over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Mayor Christine Maefsky called the meeting to order at 7:08 p.m. Roll call was taken. The following were in attendance: 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, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Ray, second by Benson, moved to approve the agenda as presented. Motion carried 5-0. LAW ENFORCEMENT REPORT The incident and citations report for the month of May was received. PUBLIC FORUM There were no comments from the public. Scandia Good Neighbor Proclamation to Dan Lee Mayor Maefsky presented a Scandia Good Neighbor Proclamation to Dan Lee in recognition of his many contributions of his caring, talents and energy to the well-being of Scandia. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) May 18, 2021 Regular Meeting 2) May 26, 2021 Joint Meeting with Planning Commission 3) June 2, 2021 Work Session b) Treasurer's Report c) Payment of Vouchers d) Approve 2021 Recycling Grant Agreement with Washington County e) Reassignment of Travis Loeffler to Firefighter f) Promotion of Eric Rydeen to Fire Captain g) Pay Increases for two probationary firefighters Ray, second by Benson, moved to approve the Consent Agenda as presented. Motion carried 5-0. June 15, 2021 Scandia City Council Page 2 of 7 PUBLIC HEARING: PETITION FOR VACATION OF A PUBLIC WAY FOR PEDESTRIAN USE IN SWENSON'S GOOSE LAKE FARM ESTATES FROM OREN ROAD NORTH TO GOOSE LAKE. At the April 7th meeting, the City Council accepted a petition from the majority of landowners abutting a public trail easement from Oren Road to Goose Lake to consider the vacation of a 20 - foot -wide recreational trail easement. A public hearing was scheduled for June 15, 2021. City Administrator Cammilleri explained that the petition is no longer actionable based on a petition received by the City on June 4th that revoked many of the signatures and support for the petition to vacate the public way. City Attorney Nelson stated that the original petition is no longer valid because of the withdrawal of signatures. Cammilleri noted a letter received by the DNR that objected to the request to vacate the trail easement. Mayor Maefsky opened the public hearing at 7:20 p.m. Bruce Swenson, 22161 Oldfield Avenue, explained that he was mislead on the process to vacate this trail that abuts property he is selling to Jim Simpson, and apologized to homeowners of Swenson's Goose Lake Farm Estates for the impression that they would lose trail access to Oren Road. Swenson said that the trail to Goose Lake crosses two wetlands, was meant as a logging trail, is overgrown and never to his knowledge used as a pedestrian trail. Jim Simpson, 23393 Nolan Avenue, property owner east of Swenson's property, said that he plans to purchase additional acreage from Swenson to grow large caliper trees, a specialty product of his tree farm, with no plans to develop homes on the property, but potentially a future retirement home. Simpson explained the need for a wildlife fence to cross east to west that would interfere with the 20 -foot trail easement, thus the request to vacate the trail. Simpson showed video of the property and described the trail as overgrown with vegetation and impassable. Simpson said he is only concerned about the easement from Goose Lake up to the development, and not the portion along the development to Oren Road. Tom Newell, 22774 Olgilvie Avenue, said he owns Outlot C of the development, and was promised access to Goose Lake via this trail easement which the petition would take away. He said that he has used the trail in the past but not recently. Jerry Anderson, 22766 Olgilvie Avenue, said that access to the nature trail to Goose Lake is on his deed and provides value to his property. This enhancement is provided to anyone to access Goose Lake, and he is concerned that the easement could be removed from public use. Don Baber, 22830 Olgilvie Avenue, said he is president of the homeowner's association and having access to Goose Lake is a selling point for property in the development. He asked that other options be considered to alter an easement to the lake, as the neighborhood would like to keep some sort of lake access. Mayor Maefsky closed the public hearing at 7:40 p.m. Council took no action. June 15, 2021 Scandia City Council Page 3 of 7 PARK AND RECREATION COMMITTEE Council member Ray reported on Eagle Scout candidate Xavier DeWolfe's project which installed stepping stones in Lilliskogen Park, saying she is grateful for the incredible job completed. The Playground Equipment Sub -Committee is working on a proposal, safety screening will be installed at the lighted ballfield, and a Request for Proposals for a comprehensive parks plan is being developed. PLANNING COMMISSION Variance to install a new septic system located within required setback areas at 12408 228th Street North. Austin Adams, Applicant. Resolution No. 2021-25 Planner Monson presented the recommendation from the Planning Commission to approve the installation of a new replacement septic system located within required setback areas of the house, garage and side property line at 12408 228th Street North. The property is 0.41 -acres in size and has limited space to locate the new mound system and meet the non-negotiable 50 -foot separation from the well. The new absorption area of the system would be located 13.3 feet from the east side property line (20 feet required), 16 feet from the house (20 feet required) and 9.5 feet from the garage (10 feet required). Council member Ray commented that this is a small lot which makes meeting the setbacks for the new septic system impossible. A resolution was prepared with findings and five conditions of approval. Ray, second by Cusick, moved to approve Resolution No. 2021-25, Approving Variances for 12408 228" Street North. Motion carried 5-0 by roll call vote. Variance from zoning requirements to construct a deck and stairs at 13260182nd Street North. Dan and Melissa Potter, Applicants. Planner Monson presented the recommendation from the Planning Commission to approve variances from the side yard and lake setback for the construction of a deck and stairs onto an existing deck at 13260 182nd Street. The applicants' written request described the small addition at the rear of the house to provide an emergency exit and area for a grill off the kitchen of the house. The existing house is 58.7 feet from the Ordinary High -Water Mark of Big Marine Lake, and 8 feet from the east property line. The addition of the deck would encroach further into the setbacks, measuring 50.2 feet from the OHWL and 4 feet from the side property line. The required setbacks for structures are 100 -feet from the OWHL and 20 feet from side lot lines. A resolution with findings and six conditions of approval was prepared. Council member Ray said she was concerned about the 4 -foot distance from the side property line, and the potential for drainage issues. Council member Kronmiller agreed that encroachment onto the neighbor is concerning, and disagreed with the finding that the non -conforming lot is a practical difficulty. Planner Monson noted that the applicants are working with the Watershed on site improvements to ensure minimal impacts. The City Engineer will review a grading plan to make sure drainage is directed away from the adjacent property. June 15, 2021 Scandia City Council Page 4 of 7 Dan and Melissa Potter joined the meeting remotely, and explained that they propose an emergency exit on the northeast corner of the home with a staircase to the east, which the neighbor has no problems with. All runoff will be directed onto their own lot, as the grade runs from east to west. Potter said he is adding raingardens to mitigate the addition of impervious area, and the request has been approved by the Watershed District. The small 10'x12' deck will be inconspicuous. Administrator Cammilleri stated that having only one emergency exit from the home could be a practical difficulty, and questioned if the steps could be relocated so as not to encroach into the side setback. Potter noted that features of the home make this configuration more challenging. Maria Hinz, 13000 182nd Street, asked to speak. Hinz questioned if the law is 100' from the lake, why are rules being made and then allowed to be broken. She said this home had variances granted in 1989 that allowed it to be too close to the lake, and later an existing lakefront deck on the house was enclosed and a larger deck added to the street side of the house; additional variances for this home should not go forward. Dan Potter said he is working closely with the Watershed to make significant mitigations for the proposed deck. Council discussion concluded that the variance was not due to circumstances unique to the property, but rather was requested by the owner for aesthetic reasons and that the encroachment into the side yard was the minimum variance necessary to put the property to the intended or a reasonable use. A sideyard encroachment was not necessary to create a second -floor egress or a deck. The Council voiced concerns about impacts about a further encroachment to the lakeshore setback, which also was not necessary to use the house or the property in a reasonable manner. Benson, second by Kronmiller, directed staff to prepare a resolution with written findings for denial of the variance request, for consideration at the next meeting. Motion carried 5-0 by roll call vote. Variance from zoning requirements to construct a detached garage at 12620181st Street North. Forrest and Natalie Melcher, Applicants. Resolution No. 2021-27 Planner Monson presented the recommendation from the Planning Commission to approve a variance for building an accessory structure closer to the road right-of-way at 12620 181St Street that is no larger than the maximum size of 1,000 square feet as allowed for the 2.39 -acre property. The location of the house, septic and slopes on the property limit a location for the garage that does meet setbacks. The applicants proposed to build a structure with a footprint of 2,176 square feet, but the Commissioners denied a variance request to exceed permitted size standards with findings that the practical difficulties of the lot do not justify exceeding the square footage currently permitted for a lot of this size. A resolution with findings to approve the location but deny the size of the accessory structure to exceed the permitted 1,000 square footage was prepared with six conditions. June 15, 2021 Scandia City Council Page 5 of 7 Ray, second by Kronmiller, moved to approve Resolution No. 2021-27, Approving a Variance for 12620 18111 Street for the location and deny the size of the structure to exceed 1,000 square feet. The motion carried 5-0 by roll call vote. SCANDIA INTERNET ACTION COMMITTEE IAC Chair Bob Wilmers reported on Midco's 2021 broadband expansion project. An extra 79 homes beyond the DEED grant area are being connected at Midco's costs. A map was viewed of the DEED and RDOF award area. Legal counsel is revising and finalizing a cost -share agreement between Midco and the City which provides for a 37.5% share to be paid by the City. TOURISM COMMITTEE The minutes from the Tourism Committee's May 25th meeting were provided. The Shrpa tourism initiative is being developed, and wayfinding signs are being researched. ECONOMIC DEVELOPMENT AUTHORITY EDA President Benson announced the EDA's monthly business breakfast will be in person on June 16th, and will change to quarterly meetings; the next one in September. The Board reviewed the EDA work plan at their meeting last evening. BUILDING OFFICIAL The May building activity report was received from Building Official Joel Hoistad. Last month 35 permits were issued at a valuation of $1,556,125. FIRE DEPARTMENT Fire Chief Hinz was out on a call. Last month the department responded to 30 calls; 13 fire, 16 medical and 1 dive call. CITY ENGINEER Engineering Updates & Watershed memo City Engineer Goodman reported that the 220th Street project is mostly completed. Staff is working to schedule dust control with contractor Northern Salt. The 60 -day comment period for the Bliss draft SDS permit opened on May 24th. Staff is participating in a meeting with the County regarding traffic safety on Oakhill Road on June 21St. A Watershed technical memo was shared outlining floodplain mapping and risk assessment. Authorize Preparation of Plans and Specifications 2022 Street Improvements Engineer Goodman requested the City Council authorize preparation of plans and specifications for the 2022 Street Improvement Project as identified in the Capital Improvement Plan. The City budgeted a total of $600,000 for this project. A portion of Melanie Trail and 2381h Street will be scheduled for street improvements, with project limits reviewed for expansion if favorable bids are received. The anticipated project schedule is as follows: Authorize Preparation of Plans & Specifications June 15, 2021 Approve Plans & Specifications/Authorize Ad for Bid December 21, 2021 Bid Opening January 13, 2022 Consider Contract Award at City Council Meeting February 15, 2022 June 15, 2021 Scandia City Council Page 6 of 7 Construction May - September 2022 Kronmiller, second by Ray, moved to authorize preparation of plans and specifications for the 2022 Street Improvement Project. Motion carried 5-0. Authorize Quote Solicitation Package — 2022-2023 Soil Boring Quotes In preparation for future street improvement projects, Engineer Goodman requested the City Council authorize a quote solicitation package for the 2022-2023 Soil Boring Quotes. The City budgeted a total of $20,000 for this project. The anticipated project schedule is as follows: Authorize Quote Solicitation Package June 15, 2021 Receive Quotes July 13, 2021 Consider Contract Award at City Council Meeting July 20, 2021 Completion July -October 2021 Ray, second by Kronmiller, moved to authorize a quote solicitation package for 2022-2023 soil boring quotes. Motion carried 5-0. 2021 Street Improvement Project — Contractor's Pay Request for Payment No. 2 Ray, second by Benson, moved to approve Contractor's Request for Payment No. 2 to North Valley, Inc. in the amount of $480,545.75 for services provided on the 2021 Street Improvement Project. Motion carried 5-0. CITY ADMINISTRATOR Consideration of hire for the position of Public Works Director/Consideration of Offer Benson, second by Maefsky, moved to offer Charles Fischer the position of Public Works Director at a salary of Step 4 ($41.86/hr or $87,068.80/yr) contingent on a background check, a drug screening, and physical fitness medical examination; under a one-year probationary period; benefits to begin within 30 days of employment. Motion carried 5-0. CONSIDERATION OF RESOLUTION 2021-28: A RESOLUTION FOR SUPPORT FOR THE WATER TOWER BARN: SCANDIA REGIONAL ARTS AND HERITAGE CENTER PROJECT 2022 STATE BONDING REQUEST AND CONSIDERATION OF RESOLUTION 2021-29: A RESOLUTION FOR SUPPORT FOR THE BIG MARINE LAKE — BLISS WASTEWATER TREATMENT PLANT UPGRADE PROJECT STATE BONDING REQUEST FOR IMPROVEMENTS TO ONSITE NITRATE TREATMENT Administrator Cammilleri explained state bonding requests provided in resolution form: • A State Bonding Grant in the amount of $ $1,500,000 for the design and construction for the Scandia Water Tower Barn Regional Arts and Heritage Center. Resolution No. 2021- 28 • A State Bonding Grant in the amount of $712,500 for a total project cost of $1,425,000 for the design and construction of nitrate treatment facilities for the Bliss Wastewater Treatment System on Big Marine Lake. Resolution No. 2021-29 June 15, 2021 Scandia City Council Page 7 of 7 Kronmiller, second by Benson, moved to adopt Resolution Nos. 2021-28 and 2021-29 as presented. Ray — yes; Kronmiller — yes; Cusick — no; Benson — yes; Maefsky — yes. Motion carried 4-1. Council member Cusick noted that he approved of the grant request for the Bliss System, but objected to a grant request for the Water Tower Barn. CONSIDERATION FOR NOMINATION TO FILL VACANCY FOR COMFORT LAKE FOREST LAKE WATERSHED DISTRICT BOARD OF MANAGERS No individuals requested endorsement of a nomination to the Comfort Lake -Forest Lake Watershed District Board of Managers. ADJOURNMENT Ray, second by Kronmiller, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:10 p.m. Respectfully submitted, Brenda Eklund City Clerk