11-03-2021 Work SessionNovember 3, 2021
A work session 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.
Acting Mayor Patti Ray called the meeting to order at 6:31 p.m. The following were present:
Council members Heather Benson, Jerry Cusick, Steve Kronmiller, Patti Ray and Mayor
Christine Maefsky (virtual attendance). Staff participating: City Administrator Ken Cammilleri,
City Attorney Chris Nelson, Public Works Director Charles Fischer, and City Clerk Brenda
Eklund.
APPROVAL OF THE AGENDA
Agenda Item #6 was tabled to a future meeting. Kronmiller, seconded by Benson, moved to
approve the agenda as amended. Motion carried 5-0 by roll call vote.
INTERVIEW PARKS AND RECREATION COMMITTEE APPLICANT
Kimberly Johnson was the only applicant for the unexpired term on the Parks and Recreation
Committee. Ms. Johnson was interviewed by the Council.
Ray, second by Cusick, moved to appoint Kimberly Johnson to the Parks and Recreation
Committee for a term expiring on February 28, 2026. Motion carried 5-0 by roll call vote.
DISCUSS NUISANCE ORDINANCE AMENDMENTS AND CONSIDER CALL FOR
PUBLIC HEARING
At their October 19th meeting, the City Council was introduced to draft amendments to the
existing public nuisance ordinance, providing for improved enforcement through civil and
abatement actions. City Attorney Nelson continued a review of the draft ordinance. City
Administrator Cammilleri asked the Council to make any adjustments in consideration of a
public hearing.
Some of the noted changes to the draft:
§ 91.01 PUBLIC NUISANCE PROHIBITION.
A person must not act, or fail to act, in a manner that is or causes a public nuisance. For purpose
of this ordinance, a person that does any of the following is guilty of maintaining a public
nuisance:
(A) Maintains or permits a condition which tmfeasenably annoys, injures, or endangers the
safety, health, morals, comfort or repose of any considerable number of members of the public;
{unreasonably annoys is too subjective}
(B) Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-
way, or waters used by the public;
(C) Does any other act or omission declared by law or the Scandia City Code to be a public
nuisance; or
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(D) Permits real property under their control to be used to maintain a public nuisance, or rents
their real property knowing it will be used to maintain a public nuisance.
§ 91.02 PUBLIC NUISANCES AFFECTING HEALTH.
The following are hereby declared public nuisances affecting public health:
�A4 The exposed ., „lata ,,, of ao,.aye „ whells ,me food er-vegetable m attef; {removed
as many properties maintain compost piles that have not been problematic}
(B) The er-eating or- pet:mittifig of ponds or- peels of stagnafft wa4er-; {removed as large properties
may pond water after heavy rainfall or snowmelt}
(C) Carcasses of animals not buried or destroyed within twenty-four (24) hours after death;
(D) Accumulation of manur-e, refuse, or other debris; {feedlots are regulated in the development
code}
(E) Privy vaults and garbage cans which are not rodent -free or fly -tight, or which are so
maintained as to constitute a health hazard or to emit foul and disagreeable odors;
(F) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage,
industrial waste, or other substances;
(G) All noxious weeds and other- mak gr -ow the of vegetation upon public or private property;
{not clearly defined; reference state statute for listing of noxious weeds}
(H) Dense smoke, noxious fumes, gas, soot, or cinders in unreasonable quantities; {reword to
clarify; example burning leaves can result in dense smoke}
(I) Any offensive trade or business as defined by statute not operating under local license;
{reword to clarify and to reference statute definition of offensive trade}
(J) Any discharge, deposit, or dumping of any chemical or septic waste onto city streets, right-of-
way or public lands;
(K) Disposal of hazardous waste in any manner other than delivery to a licensed collection
facility;
(L) Any open burning of household trash or refuse, chemicals, gas or oils, rubber, hazardous
waste, and their derivatives; {insert language to exclude natural vegetation from this list}
(M) Engaging in open burning or a recreational fire during a period in which the Fire Marshall
has prohibited open fires due to extreme fire hazard.
§ 91.03 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared public nuisances affecting public peace and safety:
(A) All snow and iee thm is not removed f:r-em publie sidewalks within twenty fouf (24) hours
after- the snow or- other- pr-eeipitatien ea -using the eendition has eeased to fall; {removed as the
City plows and maintains public sidewalks}
(B) All trees, hedges, billboards, or other obstructions which prevent people from having a clear
view of all traffic approaching an intersection;
(C) All wires and limbs of trees that are so close to the surface of a sidewalk or street as to
constitute a danger to pedestrians or vehicles;
(D) Any person participating in any party or other gathering that causes the unreasonable
disturbing of the peace, quiet, or repose of another person in such a manner as to be plainly
audible at the boundary of the real property, building, structure, or residence from which the
noise originates, or at a distance of 50 feet from the source of the noise. "Plainly audible" is
defined as sound that can be detected by a person using their unaided hearing faculties.
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(E) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks,
or public grounds, except under conditions as are permitted by the Scandia City Code or other
applicable law;
(F) Radio aerials or television antennae erected or maintained in a dangerous manner;
(G) Any use of property abutting on a public street or sidewalk or any use of a public street or
sidewalk that causes large crowds or people to gather, obstructing traffic and the free use of the
street or sidewalk;
(H) All hanging signs, awnings, and other similar structures over streets and sidewalks, so
situated as to endanger public safety, or not constructed and maintained as provided by
ordinance;
(1) The allowing of minwater-, iee, or- snow to fall fiem any building or- s4uetui:e tipen any stf:
sidewalk er to flow ;.aowalk; {ambiguous and unreasonable}
(J) Any barbed wire fence located less than six (6) feet above the ground and within three (3) feet
of a public sidewalk or way;
(K) All dangerous, unguarded machinery (including but not limited to inoperable vehicles,
machinery, and appliances) in any public place, or so situated or operated on private property as
to attract the public;
(L) Wastewater cast upon or permitted to flow upon streets or other public properties;
(M) Accumulations in the open of discarded or disused machinery, household appliances,
automobile bodies or other materials in a manner conducive to the harboring of rats, mice,
snakes, or vermin, or the rank growth of vegetation among the items so accumulated, or in a
manner creating fire, health, or other safety hazards from such accumulation;
(N) Any well, hole, or similar excavation that is left uncovered or in such other condition as to
constitute a hazard to any child or other person coming on the premises where it is located;
(0) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter,
ditch or drainage easement with trash or other material;
(P) Any act which may alter or affect the drainage of public streets, alleys, or drainage easements
or the surface or grade of public streets, alleys, sidewalks, or drainage easements without a
proper permit;
(Q) The placing or throwing on any street, sidewalk, or other public property of any glass, tacks,
nails, bottles, or other substances that may injure any person or animal or damage any pneumatic
tire when passing over such substance;
(R) The depositing of garbage or- r-efuse on a publie right of way or- on adjaeent pr-ivate pr-epel:t�-,
{removed as garbage carts are placed on the street on pick-up day, and state laws prohibit
littering}
(S) Any artificial lighting devices which are used in such a manner to cause a distraction to
passing motorists or which are operated without a mechanism or shielding to protect adjacent
premises from being adversely affected thereby;
(T) Driving motorized scooters, bicycles, electric bikes, motorcycles, snowmobiles, or any other
type of motorized vehicle on any sidewalk, walkway or private property of others, or the driving
of said vehicles in a loud, noisy or unsafe manner; and
(U) Making repairs to motor vehicles or tires in public streets, alleys, or right-of-way, except in
the case of emergency repairs.
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Staff continued review of noise and parking nuisances, inoperable motor vehicles, abatement and
penalties. Council directed staff to revise the draft based on discussion and prepare the ordinance
for a public hearing.
Kronmiller, second by Benson, moved to schedule a public hearing for the Ordinance
Amending Chapter 91 of the Scandia City Code Regarding Public Nuisances. Motion
carried 5-0 by roll call vote.
Cities must provide a 10 -day notice of proposed ordinances or amendments to existing
ordinances. The public hearing will be scheduled for the City Council meeting on November 16,
2021.
DISCUSS SEWER ORDINANCE AMENDMENTS AND CONSIDER CALL FOR
PUBLIC HEARING
At their October 19th meeting, the City Council was introduced to draft amendments to existing
Chapter 51, the 201 Big Marine Sewer Utility ordinance. Administrator Cammilleri explained
the purpose of the amendments to correct typos, retitle the section to Big Marine Sewer Utility,
and adopt mandatory utility service areas. Cammilleri noted the purpose of the chapter is to
establish the local regulatory requirements for the operations, maintenance, administration, use,
and application of user fees of the Big Marine Sewer Utility in accordance with all applicable
laws and to ensure operations are conducted within an environmentally responsible manner. It
also defines service capacity, identifies sufficient capacity and new connections.
Language will be reworded in 51.08, Connections to the Community Sewage Treatment System,
to clarify that properties within the service area maps have eligibility for connections to the
system based on capacity.
Section 51.08(C) defines the City's permitting process, bringing permits in-house for the Big
Marine Sewer System. User fees are annually adopted through the City's fee schedule.
Council directed staff to prepare the ordinance for a public hearing.
Benson, second by Kronmiller, moved to schedule a public hearing for the Ordinance
Amending Chapter 51 of the Scandia City Code Regarding Big Marine Sewer. Motion
carried 5-0 by roll call vote.
Cities must provide a 10 -day notice of proposed ordinances or amendments to existing
ordinances. The public hearing will be scheduled for the City Council meeting on November 16,
2021.
ADJOURNMENT
Benson, second by Cusick, moved to adjourn the meeting. Motion carried 5-0 by roll call
vote.
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The meeting adjourned at 7:35 p.m.
Respectfully submitted,
Brenda Eklund
City Clerk