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06.a2 Draft minutes 11-16-2021 Meeting November 16, 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 7:01 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 (virtual), City Engineer Ryan Goodman, City Attorney Chris Nelson, Police Deputy David Peters, Fire Chief Mike Hinz, Public Works Director Charles Fischer, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Ray, second by Benson, moved to approve the agenda as presented. Motion carried 5-0 by roll call vote. LAW ENFORCEMENT REPORT Token of appreciation to Deputy Peters from the Hillman family Jim Hillman gifted Deputy Peters with a collector coin in appreciation and gratitude for his leadership in the critical and successful search for his missing granddaughter in June. Deputy Peters reported on the high number of car/deer accidents this fall, and cautioned drivers to be alert. PUBLIC FORUM Rori Stilbert, 10375 216th Street, informed the Council of class action lawsuits against 5G telecom companies due to health and safety concerns, and warned of potential harm to the community and environment if permitted. Don Baber, 22830 Olgilvie Avenue, stated that following culvert replacement on Meadowbrook Avenue a dip in the road has formed. Staff will investigate. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) October 19, 2021 Regular Meeting 2) October 27, 2021 Joint Meeting of the City Council and Planning Commission 3) November 3, 2021 Work Session b) Treasurer’s Report c) Payment of Vouchers d) Approve 2022 Tobacco License Renewals: AJL Enterprises dba Scandia Olde Towne Liquor, Federated Co-ops, Inc. dba Scandia Country Store & Cenex, Scandia Tobacco e) Approve 2022 Liquor License Renewal: AJL Enterprises, Inc. dba Scandia Olde Towne Liquor (Off-Sale) f) Approve annual step increase for City Administrator November 16, 2021 Scandia City Council Page 2 of 10 g) Approve hiring of Skating Instruction Assistants h) Approve hiring Seasonal Ice Rink Attendants i) Approve Resolution No. 2021-45 Designating the Polling Place for 2022 Elections Ray questioned 5.c) Payment of Vouchers that had a credit card charge to Survey Monkey split into the Admin fund and Parks fund. Ray, second by Benson, moved to approve the Consent Agenda as presented, with the condition that staff follow-up with information to Ray on the charge to Survey Monkey. Motion carried 5-0 by roll call vote. PUBLIC HEARINGS Big Marine Lake Liquor Store License Violation: Resolution No. 2021-46 Imposing Suspension and Civil Penalties on Big Marine Lake Liquor Store for Liquor License Violation The City was provided notice that Big Marine Lake Liquor Store failed a compliance check conducted by the Washington County Sheriff’s Department on June 18, 2021 when an employee of the business completed a sale of alcohol to a person under the age of 21. The employee plead guilty to a misdemeanor charge on October 5, 2021. The City’s liquor regulations require the Council hold a hearing to consider the violation and proposed penalties. License holder Patrick Reicherts was notified of the scheduled hearing. Mayor Maefsky opened the hearing to the public at 7:17 p.m. There were no comments and the hearing was closed. A resolution was prepared with minimum penalties for a first violation: a one-day suspension of the license and a $500 fine. Council member Benson stated that Mr. Reicherts indicated in an email sent to the Council that he would close the business on a Sunday in mid-January. Benson, second by Ray, moved to adopt Resolution No. 2021-46, Imposing License Suspension and Civil Penalties on Big Marine Lake Liquor for Liquor License Violations, with a date for license suspension on a Sunday in mid-January to be determined by staff. The motion carried 5-0 by roll call vote. Staff will confirm with Mr. Reicherts on which date he will close the store. Petition for Vacation of a Public Way for Pedestrian Use Terminating at Goose Lake City Administrator Cammilleri explained the statutory process for consideration of a petition received by the City from property owners adjacent to a 20-foot-wide public easement for a pedestrian way that terminates at Goose Lake. The pedestrian trail originates at Oren Road and runs along Swenson’s Goose Lake Farm Estates residential development, a trail Mr. Swenson dedicated to the Township in 2000 when his property was platted. The vacation request is the portion beginning 20 feet south of the development along private property and terminating at Goose Lake. The DNR responded with objection to vacating the easement, shown on a survey provided in the meeting packet. Cammilleri provided draft resolutions to consider, with findings either of approval or denial, and explained that the Council must identify that there is a public benefit to its decision and that they have considered both the desire of neighbors and the larger public in general. November 16, 2021 Scandia City Council Page 3 of 10 Mayor Maefsky opened the public hearing at 7:26 p.m. Mark Thieroff, legal representative to petitioners Bruce and Janet Swenson and Jim and Peggy Simpson, said the sole question before the Council is whether it appears in the interest of the public to vacate the easement, saying the public refers to the public at large, and not just persons in the immediate vicinity of the vacation. Mr. Theiroff said the trail is not identified on any maps, is overgrown, runs through a Manage 1 wetland, and users cannot reach the waters of Goose Lake due to a wetland with dense vegetation at the shoreline. A video taken this summer of the trail conditions was shown. It was explained that since the video, someone used a brush hog to clear a path, threw the vegetative debris onto private property, and also went through the wetland on the north end of the trail and placed pallets on the marshy ground, possibly causing environmental damage. Mr. Theiroff stated that the best interest of the public is to vacate the easement which would allow for the productive use of the Swenson land in a manner protective of the environment. The Simpsons propose to purchase Swenson’s 57 acres and combine with their 29 acres to operate a large caliper tree farm. To protect the trees, a wildlife fence will need to be installed around the perimeter which would cross the easement, therefore requiring it be vacated and returned to private property. Theiroff said the DNR consultation on the request to vacate is non-binding and it is up to the City to decide. Mr. Simpson added that the trees are proposed to be planted in rows east to west, with a fence line and drip irrigation system crossing the easement. Council members Benson and Ray said they walked the path this past Sunday and found the conditions completely walkable with no wet areas and landed at the shore of Goose Lake. Benson said the condition of the path is nothing like described and shown in the video. Simpson said that it had been overgrown and unpassable for years until brush-hogged a few months ago. Council member Kronmiller said he too walked the path in October with no difficulty, and his hands-on experience is different than described. Kronmiller added that there are easements all over the City for which vacate requests are opposed for all kinds of reasons. Lake access easements typically are not maintained but can be used at various times of the year and do provide a public benefit. Mr. Theiroff said it appears there is no plan to develop this trail. Council member Ray responded that it wasn’t developed because the Parks Committee was not aware of it. Bruce Swenson said he hoped this tree farm would protect Goose Lake from environmental damage. He said he would address the fallacy of walking through the wetland. Many times, it is extensive and deep with water but this year has been exceptionally dry, allowing it to be passable. Swenson said to vacate would be good for the tree operation. Peg Simpson stated that it is surprising to her that initially the trail was not used for many years, and now everyone wants to use it and now it is an issue for the property owners in the Olgilvie neighborhood. November 16, 2021 Scandia City Council Page 4 of 10 Mark Johansen, 22732 Olgilvie Avenue, said there are six main reasons to deny the request. The trail was originally platted by Swenson along the eastern edge of the subdivision as an amenity for use by the neighborhood and is in the public interest to retain. Only the petitioners will benefit if vacated, saying it is never good to vacate dedicated public land being used for active recreation. Taking is away from the community would be detrimental. He said Swenson should stick with the original easement and Simpson should reconfigure the tree plantings in an alternate north-south configuration. The trail was marketed to the homeowners as an access to Goose Lake. The DNR is advising that vacation does not indicate a benefit to the public as a whole. Johansen concluded saying that if the Council denies the request, there are strong legal grounds to oppose this decision. Jerry Anderson, 22766 Olgilvie Avenue, produced a flyer used for marketing the new development which described a trail to the lake. If the easement is vacated, this access will be taken away. Roger Thomasen, 14757 Oren Road, said he shares a property line with Simpson and asked if Simpson would install a fence across his east-west line. He said the wetland does affect his cropland and cannot afford to have any more water flowing to his land, He questioned why the property was surveyed showing lake setbacks, and asked if a future housing development is being considered. He concluded saying deer easily move through the easement line with no problems. Don Baber said he is president of the homeowner’s association, and that he used a mower and bobcat to remove trees and clear a path a few months ago because the association bylaws allow equipment be used for trail maintenance. Administrator Cammilleri stated that they must follow procedures and requirements for vegetation removal and should have gotten a permit from the City for this clearing. A survey is necessary to verify that clearing is not deviating onto private property, as the resulting trail is not straight but meanders. Baber said he did not consider a permit beforehand, but stayed within the fenced area marking the easement. Baber said the trail was advertised to property owners and he is vehemently opposed to the petition to vacate. Peg Simpson said their Max Tree Farm is a legitimate business and they are not looking to develop the land into housing. She said she looked at ads for two homes sold within the development and they did not advertise a trail easement. Shaun Holtgreve, Olgilvie Avenue, said he has been using the access for 5 years throughout all seasons to reach the lake to fish and kayak, and would like to see more use of it. There were no further comments and Mayor Maefsky closed the hearing at 8:13 p.m. Mayor Maefsky asked if the trail as advertised for the development is a sticking point. City Attorney Nelson said no, they must consider the city-owned easement as petitioned to vacate, not the subdivision. City Administrator Cammilleri noted that there is no mention of the pedestrian trail in the development agreement from 2000, and appears to have been recorded after the original recording of the plat. The record is not clear who is responsible for trail maintenance and improvements. November 16, 2021 Scandia City Council Page 5 of 10 Council member Kronmiller asked how is the DNR’s involvement weighted, as vacating would eliminate an access to the water. Attorney Nelson explained that statute requires the city to consult with the DNR and that obligation was met. Kronmiller asked if the DNR could step in and stop a vacate. Nelson replied no. Mayor Maefsky stated that this is a difficult decision with points on both sides of the issue. Council member Cusick questioned the initial purpose of the trail. Administrator Cammilleri said the record is silent here; the trail was obviously accepted as a pedestrian easement. Cusick noted that the Township/City has never maintained the trail. Council member Ray said it’s a hard decision but the easement should stay a path and trail for the community. Ray, second by Kronmiller, moved to adopt Resolution No. 2021-47 Denying a Petition to Vacate a Portion of a Public Way for Pedestrian Use Terminating Upon Public Waters. Kronmiller said there is an emotional attachment to this as the Swenson’s have done a lot for the community; if it were any other petitioner, it would be a slam-dunk deny. Mayor Maefsky called for a roll call vote: Benson – yes; Ray – yes; Cusick –no; Kronmiller – yes; Maefsky – yes. Motion carried 4-1. Certification of Unpaid Charges for the 201 Sewer System for Collection with Property Taxes – Resolution No. 2021-48 A resolution was prepared with a listing of property owners with outstanding sewer charges to their accounts. Account holders were notified of the hearing at which they would have the opportunity to object to the certification of unpaid charges. Mayor Maefsky opened the public hearing at 8:27 p.m. There were no comments and the hearing was closed. Kronmiller, second by Ray, moved to adopt Resolution No. 2021-48, Certify Unpaid Charges for the Big Marine Community Sewer Treatment System for Collection with Property Taxes. Motion carried 5-0 by roll call vote. The unpaid charges will be certified to the account holders’ 2022 property tax statements with added interest. Ordinance No. 2021-03, Amending the City’s Code of Ordinances Chapter 91: Nuisances At their November 3rd Work Session, the City Council reviewed a new public nuisance ordinance and requested amendments to it. The ordinance prohibits public nuisances; defines public nuisances in categories affecting health, peace and safety, noise violations, nuisance parking, and nuisance inoperable motor vehicles; and provides for enforcement and abatement procedures to remedy public nuisances. Staff amended and prepared the ordinance for a public hearing. Mayor Maefsky opened the public hearing at 8:29 p.m. There were no comments and the hearing was closed. November 16, 2021 Scandia City Council Page 6 of 10 Ray, second by Kronmiller, moved to adopt Ordinance No. 2021-03, An Ordinance Amending Chapter 91 of the City’s Code of Ordinances Regarding Public Nuisances. The motion carried 5-0 by roll call vote. Ray, second by Benson, moved to adopt Resolution No. 2021-49, Summary Publication of Ordinance No. 2021-03. Motion carried 5-0 by roll call vote. Ordinance No. 2021-04, Amending the City’s Code of Ordinances Chapter 51: 201 Community Sewage Treatment System At their November 3rd Work Session, the City Council reviewed an amended sewer ordinance which amends Chapter 51 of the Scandia City Code by retitling the section to Big Marine Sewer Utility; adopts mandatory service area utility maps; defines service capacity; identifies sufficient capacity and new connections; defines the City’s permitting process; and provides changes to inspection processes. Staff prepared the ordinance for a public hearing. Mayor Maefsky opened the public hearing at 8:31 p.m. There were no comments and the hearing was closed. Kronmiller, second by Benson, moved to adopt Ordinance No. 2021-04, An Ordinance Amending Chapter 51 of the City’s Code of Ordinances Regarding Big Marine Sewer Utility. The motion carried 5-0 by roll call vote. Kronmiller, second by Ray, moved to adopt Resolution No. 2021-50, Summary Publication of Ordinance No. 2021-04. Motion carried 5-0 by roll call vote. PARK AND RECREATION COMMITTEE Consider Issuance of a Request for Proposals for Park Planning PRC Chair Terry Gorham reported that the Committee is strongly recommending the City Council implement a park planning process, and issue a Request for Proposals to gauge the cost. Gorham said the last comprehensive parks plan was done in 2006, and an updated plan would be beneficial in grant applications and to guide long-term planning of parks. Staff provided a draft RFP in the meeting packet which builds on the original community park plan and allows proposers the opportunity to suggest approaches to community engagement. Administrator Cammilleri estimated the cost to be $13,000-$18,000 depending on the scope, and noted available funds in the 404 Capital Fund to accommodate it. Council member Ray said it is a good idea to plan for future parks, and recommended minor edits to the RFP. Mayor Maefsky also offered suggestions to the RFP. Staff clarified that there is no financial obligation to issue the RFP. A timeline was reviewed, with proposals due in late January. Ray, second by Benson, moved to approve the issuance of a Request for Proposals for a Parks, Recreation, and Open Space Master Plan with edits as recommended. Motion carried 5-0 by roll call vote. November 16, 2021 Scandia City Council Page 7 of 10 Consider amending the PRC By-laws regarding residency of committee members PRC Chair Gorham explained that at the Council Work Session on November 3, 2021, the City Council approved the appointment of long-time former Scandia resident Kimberly Johnson of Hugo to a vacant seat on the Parks and Recreation Committee. Although this appointment was done not contrary to any City ordinance or state statutory requirement, it is in conflict with the current PRC bylaws adopted by the City Council. In order for Johnson’s appointment to take effect, an amendment must be made to the Bylaws. According to Section 7 of the document, this amendment must be initiated by the PRC by majority vote, with approval by the City Council. Staff recommended that the City Council refer the following amendment request to the PRC for consideration to amend Section 3 – Membership as follows: “Section 3. Membership. The SPRC is made up of Scandia residents or individuals from adjacent communities appointed by the City Council according to the requirements of Section 8 of Ordinance No. 125.” Maefsky, second by Ray, moved to refer the staff recommended amendment of the PRC Bylaws to the Parks Committee. Motion carried 5-0 by roll call vote. Consider formal name for new park on Orwell Ave N An online community survey was conducted to name the newest Scandia Park on Orwell Ave N, Parcel ID 23.032.20.33.0009. Surveys were completed by 188 members of the public, with first choice for “Liten Park” with 92 votes. Liten is Swedish for little. Ray, second by Benson, moved to adopt “Liten Park” as the name for the park property on Orwell Avenue. Motion carried 5-0. Consider Community Center Playground Equipment Replacement layout Last fall, a sub-committee group was formed to research and recommend a plan for playground equipment replacement. Cami Van Able presented the sub-committee’s recommendation as endorsed by the PRC at their November 1st meeting. The final project determined replacement of the Community Center playground with an available funding of $95,000 in City funds budgeted for use in 2022 and a proposed matching grant, for a total cost of $190,000. These costs are broken down as approximately $120,000 for equipment, ~$15,000 for curbing, ~$5,000 for ADA sidewalk to playground entrance, and ~$50,000 for surfacing (combination of rubber/woodchips). The layout and features of the recommended plan, Webber Recreation – Concept 1, was viewed. Van Able listed the next steps as to apply for grants (Minnesota DNR Outdoor Recreation Grant Program, Osceola Community Health), contact local businesses for sponsorships/grants, possibly team with watershed, develop project engineering details, and propose to get funding finalized and equipment ordered in Spring 2022. Administrator Cammilleri clarified that final grant applications will come before the Council for approval. November 16, 2021 Scandia City Council Page 8 of 10 Ray, second by Maefsky, moved forward with the grant application process with the Webber Recreation Concept 1 plan for Community Center Playground Equipment Replacement with a maximum expenditure of $190,000. Motion carried 5-0. PLANNING COMMISSION Variance from side yard setback requirements for an addition to an existing structure at 12959 Mayberry Trail North. Chris and Erica Sandstrom, Applicants. Resolution No. 2021-51 Planner Monson presented the recommendation from the Planning Commission to deny a variance request for an addition to an existing home at 12959 Mayberry Trail that would be 5’ from the side property line at its nearest point. A resolution was prepared with findings of denial. Attorney Nelson recommended rephrasing finding #3 to clarify that the plight of the applicant is not due to circumstances unique to the property. Benson, second by Ray, moved to adopt Resolution No. 2021-51, Denying a Variance for 12959 Mayberry Trail as amended. Motion carried 5-0 by roll call vote. SCANDIA INTERNET ACTION COMMITTEE IAC Chair Bob Wilmers reported that Midco has delays regarding the direct buildout Quality Trail Project because of delayed delivery of equipment needed to complete the project. December 3rd is the revised estimated completion date. Midco has received FCC funding for building out areas in 2022, including the area north of William O’Brien State Park. Washington County Board has set aside two million dollars of the American Rescue Plan funds for a grant program to assist with buildout with underserved and unserved areas. TOURISM COMMITTEE Administrator Cammilleri reported that the Tourism Committee has had quorum issues, and encouraged interested candidates to apply. The Committee continues to investigate wayfinding signage. At the October 26th meeting, the Committee recommended expanding to seven voting members. Maefsky, second by Ray, moved to approve the expansion of voting members on the Tourism Committee to seven. Motion carried 5-0. ECONOMIC DEVELOPMENT AUTHORITY EDA President Benson reported on the November 8th meeting. The Best of Scandia Holiday Shopping Extravaganza plans were finalized, and a draft work plan reviewed. The next quarterly business breakfast is planned for December 15th. CAPITAL INVESTMENT COMMITTEE Council member and CIC Chair Kronmiller reported on the November 1st CIC meeting. Road funding using capital funds was the priority. BUILDING OFFICIAL The October building activity report was received from Building Official Joel Hoistad. Last month 20 permits were issued at a valuation of $533,356.44. Council member Ray questioned if the building department is at the point to bring in-house rather than be contracted out. Administrator Cammilleri said there is enough building and zoning work, but the compensation November 16, 2021 Scandia City Council Page 9 of 10 level would be a challenge in the current market. As well, a shortage of building officials is a concern. Cammilleri will research a job description and report back at a future meeting. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department’s October activity. Last month the department responded to 32 calls; 12 fire, 19 medical, with 1 cancelled call. The grant application to purchase a new generator was recently approved, and Hinz is acquiring quotes. The roof replacement at the Fire Station/Public Works is close to completion. The EMT class has begun this week for the new recruits. CITY ENGINEER Engineering Updates City Engineer Goodman provided monthly engineering updates. Washington County is accepting comments on their CIP; Goodman provided a draft letter of recommendations including support for a Scandia City Center Study and County Road 50 road improvement project. Goodman toured the Martin Marietta Mine (formerly named Tiller Mine) on November 12th for the annual site inspection. 2021 Street Improvement Project – Contractor’s Request for Payment No. 4 and Final Benson, second by Ray, moved to approve payment of $ 35,408.53 to North Valley, Inc. as Pay Request No. 4 and Final. Motion carried 5-0 by roll call vote. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported on the department’s activities. The street sign replacement project this fall resulted in 40 new posts and signage for streets. The department is preparing for winter operations, and was called out for the season’s first snow event on November 14th. The John Deere tractor was sold on public auction at a sale price of $18,100. Approve Bliss Infiltration Meter Installation The MPCA permit requires the addition of three flow meters to monitor the flow into the Bliss System infiltration trenches. The meters are required to be installed 180 days after issuance of the new permit, being February 28th, 2022. Fischer provided quotes from two suppliers of the equipment. 1) Quality Flow Systems $18,300.00 + Automatic Systems $3,278.00 = $21,578.00 In this option Public Works is not responsible for the installation and cost to install the conduit required for the communication cable. 2) Flow Measurement and Control $19,795.00 + Automatic Systems $3,278.00 = $23,073.00 In this option Public Works would be responsible for the installation to install the conduit required for the communication cable. An estimated additional $500 over the $23,073.00. Administrator Cammilleri clarified that funds for the purchase would come from the sewer enterprise fund. Ray, second by Benson, moved to authorize the purchase of infiltration meters from Quality Flow and Automatic Systems at a total cost of $21,578.00. Motion carried 5-0. November 16, 2021 Scandia City Council Page 10 of 10 CITY ADMINISTRATOR City Administrator Cammilleri reported that he is preparing legislative advocacy for the two bonding requests: Bliss Waste Water Treatment Plant Project Upgrade Project and the Scandia Heritage Alliance Water Tower Barn Project. The Minnesota House Capital Investment Committee is scheduled to visit Scandia to tour the Water Tower Barn site and to hear about both of the project requests on November 18th. The budget truth-in-taxation hearing will be held at the Council Work Session on December 1st. The Planning Commission will hold a public hearing at their December 7th meeting to consider amendments to the solar ordinance as it relates to commercial solar installations. Discuss returning to remote meetings Administrator Cammilleri said that staff is monitoring the current Covid-19 conditions and concluded that the current arrangements for public meetings is a safe approach, but will revisit if infection rates rise to a critical level UPGRADE OF CITY HALL MAIN ENTRY DOORS AND KITCHEN DOOR Fire Chief Hinz described the project to replace the front entry doors and the back kitchen door to the Community Center with electronic access. This part of the project was delayed from last year’s security upgrades. The front doors are original to the building built in 1986 and not heat efficient. Hinz provided several options and recommended Option 1, total replacement to include the doors, hardware, frame and access control at a cost of $16,698.83. This will be a completely new door and will last for the longest time and will leave the opening as large as possible for access. Hinz also recommended Option 5, add electronic access to the kitchen door at a cost of $2,418.40. Administrator Cammilleri said if the project is eligible for ARP funds, the expenses could be recovered in the future. Ray, second by Kronmiller, moved to approve Option 1 and 5, to replace the Community Center front doors and add electronic access to the kitchen door, at a total cost of $19,117.23. Motion carried 5-0 by roll call vote. ADJOURNMENT Benson, second by Ray, moved to adjourn the meeting. Motion carried 5-0 by roll call vote. The meeting adjourned at 9:58 p.m. Respectfully submitted, Brenda Eklund City Clerk