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08-17-2021 MeetingAugust 17, 2021 A regular meeting of the Scandia City Council 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 7:00 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 present: City Administrator Ken Cammilleri, City Planner Evan Monson, City Engineer Ryan Goodman, City Attorney Chris Nelson, Public Works Director Charles Fischer, Deputy David Peters and City Clerk Brenda Eklund. APPROVAL OF AGENDA Mayor Maefsky announced that a presentation by Midco to grant recipients would be made in the public forum. Ray, second by Benson, moved to approve the agenda as amended. Motion carried 5-0. LAW ENFORCEMENT REPORT Deputy Peters reported on police activity, with property theft on the rise. Peters encouraged citizens to be aware of safely securing their homes and autos. Peters described procedures for code violations, a lengthy process in the court system that may or may not result in compliance. Staff is developing a nuisance ordinance that will seek civil remedies to address violation issues, to be brought to the City Council later this year. PUBLIC FORUM Scandia Good Neighbor Proclamation to Ellen St. Sauver Mayor Maefsky presented a Scandia Good Neighbor Proclamation to Ellen St. Sauver in recognition of her generous and kind deeds she shares with the community. Midco Foundation Grant Award Midco Foundation representative Melissa Wolf announced grant awards to the Gammelgarden Museum and the Scandia Heritage Alliance for funding to help provide internet service to their facilities. Joan Detzler accepted a $1,000 award to the Gammelgarden, and Sarah Porubcansky accepted a $2,500 award to the Scandia Heritage Alliance. Michael Lubke — request for Solar Distribution System zoning amendments Michael Lubke, 10929 Scandia Trail, addressed the Council with proposed amendments to the City's solar distribution system ordinance, specifically to allow the commercial systems in shoreland district areas such as marshy ponds which are completely surrounded by agricultural land. Lubke identified two properties in Scandia which would be affected by this change, one being his acreage. Lubke provided a video on agrovoltics, the production of crops in the shade of solar arrays, a concept he would like to pursue as a model for other small farms in the state. Lubke concluded with stating his intention to apply for a development code text amendment to the solar ordinance. Administrator Cammilleri explained that the Planning Commission has addressed this proposal in June and expressed interest. With Lubke's initiation for August 17, 2021 Scandia City Council Page 2 of 6 amending the solar ordinance, implications will be studied as part of the zoning proposal process with the Planning Commission. Public Forum Speaker Dean West, 23167 Lofton Avenue, asked for an update on his request last month that the city clear the Lake Lane easement from Lofton Avenue to the shore of Bone Lake for non -motorized public access to the lake. Administrator Cammilleri said he has inquired with Comfort Lake - Forest Lake Watershed on how to approach this vegetative clearing and protect the lakeshore, but hasn't heard back yet. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) July 20, 2021 Regular Meeting 2) August 4, 2021 Work Session 3) August 12, 2021 Joint Work Session with Planning Commission b) Treasurer's Report c) Payment of Vouchers d) Application for Excluded Raffle Permit — Gammelgarden Museum Running of the Meatballs (September 11, 2021) e) Approve Amended Agreement #2 for the Community Development Block Grant (CDBG) Program with Washington County f) Special Event Permit — Meister's Bar & Grill — September 10 and 11, 2021 g) Authorization for Meister's Bar & Grill to sell beer at Taco Daze Beer Garden, September 11, 2021 Ray, second by Benson, moved to approve the Consent Agenda as presented. Motion carried 5-0. PARK AND RECREATION COMMITTEE The Park and Recreation Committee did not meet in August due to lack of a quorum. PLANNING COMMISSION Variance from Development Code requirements for an addition to a non -conforming structure at 21795 St. Croix Trail North. Lucas Alm, Applicant on behalf of property owner Carol Sundberg. Resolution No. 2021-35 Planner Monson presented the recommendation from the Planning Commission to approve a variance for alterations to a nonconforming structure at 21795 St. Croix Trail North. The main cabin is within the required 200' setback from the St. Croix River. With the alterations exceeding 50% of the appraised value, a variance is required per Chapter One, Section 13.3 of the Development Code. The applicant is proposing structural repairs and a modest expansion away from the river. A resolution was prepared with findings and six conditions of approval. The proposed addition does not encroach further into the setback from the river, and is in general harmony with the August 17, 2021 Scandia City Council Page 3 of 6 Comp Plan to protect river viewsheds from structures. The City Engineer determined that a grading permit will be required. Ray, second by Cusick, moved to approve Resolution No. 2021-35, Approving Variance for 21795 St. Croix Trail North. Motion carried 5-0 by roll call vote. Variance from Development Code requirements to replace and expand an existing deck located within required setback areas at 23375 Lofton Avenue North. Alissa Pier, Applicant on behalf of property owners Tom Furey and Mary Kenning. Resolution No. 2021-36 Planner Monson presented the recommendation from the Planning Commission to approve a variance to replace and expand an existing deck within the 100' OHWL setback of Bone Lake, for property owners Tom Furey and Mary Kenning -Furey at 23375 Lofton Avenue. Monson explained that the Commissioners voted to alter the proposed configuration of the deck to reduce the setback from the lake, from the proposed 29'1/4" to a setback of 32'10", which is the edge of the existing patio while maintaining the size of the deck to be 435 square feet. They felt this meets the minimum action required to eliminate the practical difficulty of the lot lacking space outside of required setbacks. Tom Furey and Mary Kenning -Furey addressed the Council with a request to approve the variance for the deck as initially proposed in their application. They explained that moving back from the lake creates a small area between an existing retaining wall that is inaccessible, and the Commission's goal of staying away from the lake produces an unsafe area. Furey said they've worked with staff to reduce size from a prior plan, are improving the viewshed with this proposal, and this deck is a conservative and reasonable request needed to provide safety, usability and accessibility. Furey said he is a good steward of the land and has undertaken shoreline improvements on the property since purchasing it in 2016. Mayor Maefsky said she visited the property and sees no impact to the lake in extending the deck forward to eliminate an unusable area. Council member Cusick said he also attended a site visit and the proposed deck does not extend beyond an existing retaining wall, a structure already there. Council member Ray agreed that there are minimal impacts to have the deck meet an existing retaining wall as this design will make the deck usable; vegetative screening is proposed to screen the view from the lake. Council member Benson noted the 3' difference only affects one corner of the deck due to the OHWL survey showing an increased distance from structures as the shoreline moves south; and that a patio in this area already exists. Council member Kronmiller said there is existing impervious area where the new deck is proposed. Alisa Piers, project architect, addressed the Council over the phone saying the initial design does represent the minimum action, citing feedback from the former City Planner and the DNR to preserve viewshed as a high priority. This is an opportunity to have a deck between the existing retaining walls, saying this is the safest way to maintain an unusable existing gap. Benson, second by Ray, moved to approve amended Resolution No. 2021-34, Approving Variance for 23375 Lofton Avenue North with a setback from the OHWL of 291/4". Kronmiller, second by Ray, made a friendly amendment to also amend Condition #1 to reflect that the improvements be as shown on the site plan as reviewed with this request. August 17, 2021 Scandia City Council Page 4 of 6 Motion carried 5-0 by roll call vote. SCANDIA INTERNET ACTION COMMITTEE IAC Chair Bob Wilmers reported that Midco plans to complete installation of new conduit fiber service lines by October 8th in this year's DEED buildout area. A start date has not yet been determined for the direct aid project. The IAC will have a booth at the Farmers Market/Midco Day event on August 25th TOURISM COMMITTEE Tourism Committee Chair Sarah Porubcansky highlighted the new Shrpa link on the City's website, to direct visitors to various day trips within Scandia. More adventures will be added in the future. Porubcansky reported on the EDA's approval to appoint member Sue Dickens as a voting member of the Tourism Committee. Maefsky, second by Benson, moved to appoint member Sue Dickens as a voting member to the Tourism Committee. Motion carried 5-0 by roll call vote. ECONOMIC DEVELOPMENT AUTHORITY EDA President Benson reported on the EDA's August 91h meeting — the 2022 budget was reviewed, Dickens was appointed to represent the EDA on the Tourism Committee, and the Board continued to review the EDA work plan. The next quarterly business breakfast will be on September 15tH BUILDING OFFICIAL The July building activity report was received from Building Official Joel Hoistad. Last month 76 permits were issued at a valuation of $2,868,696. Administrator Cammilleri explained the report's data — valuation is not directly related to fees collected, but rather used for the assessment process. Net income is calculated after Hugo's costs are deducted; also variable as permit fees have different rates for the type of work. FIRE DEPARTMENT Fire Chief Hinz provided the July activity report. Last month the department responded to 22 calls; 3 fire, 18 medical, with 1 cancelled call. CITY ENGINEER Engineering Updates City Engineer Goodman provided the monthly engineering updates. Council member Ray asked if the work on Layton Avenue has resolved the runoff problems. Goodman said it is better, but they will need to go through one winter melting season to verify. Council member Kronmiller reported that there were no water issues with the recent rainstorms. 191st Street N and Kirk Ave/220th Street N Pavement Maintenance Project Award Engineer Goodman recommended a pavement maintenance project for the roads not identified for improvements in the 10 -year plan, but currently in need of work. Additional funds remain in this year's budget as a result of favorable bids for the 2021 street project. The following quotes were received: August 17, 2021 Scandia City Council Page 5 of 6 Contractor. Total Quote North Valley, Inc. $123,342.91 Northwest $139,011.30 Allied Blacktop Co. $155,701.00 FPI Paving Contractors, Inc. $192,273.00 Goodman reported that the low bid was $13,000 less than estimated, and recommended approval. Kronmiller, second by Benson, moved to award the Street Maintenance Project to North Valley, Inc. in the amount of $123,342.91. Motion carried 5-0 by roll call vote. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported on the department's activities. Roadside mowing is occurring on the north section of town. A cost share for repairs of the street light damage along Olinda Trail was worked out with the County. Street signs are being inventoried for replacement. Uptown Sewer I/I testing resulted in no findings to account for the fluctuating readings; potential metering is being investigated. Fischer is assisting with grants for playground equipment. The sidewalk replacement project for improved accessibility at the Warming House should be completed next week. CITY ADMINISTRATOR City Administrator Cammilleri is finalizing the draft 2022 budget in preparation for the next work session, and working on a contract with Connected Nation, a firm recommended by the State and DEED to verify drops and broadband projects to completion, for consideration at a future meeting. Permit activity has been busy, with complaints steady. ACCEPT PETITION AND CALL FOR A PUBLIC HEARING FOR FUTURE CONSIDERATION ON A VACATION OF A PORTION OF AN EASEMENT FOR PEDESTRIAN USE TO GOOSE LAKE. RESOLUTION NO. 2021-37 A petition was received from abutting landowners to a portion of a public easement for a pedestrian way, approximately a quarter -mile in length from the shoreline of Goose Lake. The DNR requires a 60 -day notice of any easements connecting to a public waterway, setting the public hearing date as October 19, 2021. Kronmiller, second by Ray to approve Resolution No. 2021-37, Declaring Sufficiency of Petition and Setting a Public Hearing on the Proposed Vacation of a Recreational Trail Easement in the City of Scandia, County of Washington, Minnesota. Motion carried 5-0 by roll call vote. CONSIDER TOPICS OF DISCUSSION FOR THE AUGUST 24.2021 (9:OOAM CDT VIRTUAL MEETING WITH OFFICIALS OF SISTER CITY MELLERUD. SWEDEN The City Council will hold a virtual meeting with officials from Mellerud, Sweden on August 24th. Topics of discussion may include cultural collaborations, a farmer exchange program, community event sharing, elementary school opportunities, and other areas to facilitate a low commitment relationship. August 17, 2021 Scandia City Council Page 6 of 6 ADJOURNMENT Benson, second by Kronmiller, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:25 p.m. Respectfully submitted, Brenda Eklund City Clerk