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06.a2 Draft minutes 01-18-2022 MeetingJanuary 18, 2022 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 an electronic 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. The Scandia Community Center meeting room was open to the public for participation to the meeting. Mayor Christine Maefsky called the meeting to order at 7:10 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, Fire Chief Mike Hinz, Public Works Director Charles Fischer, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Mayor Maefsky announced the addition of Agenda Item 8.g) Appointments to Commission/Committees. Ray, second by Benson, moved to approve the agenda as amended. Motion carried unanimously by roll call vote. LAW ENFORCEMENT REPORT Deputy Boesel introduced himself as Scandia’s new contract deputy effective with Deputy Peter’s assignment to the Washington County K-9 Unit. PUBLIC FORUM Shaun and Steve Collier, 19960 Maxwill Avenue, said their main interest is in internet funding and ARPA funding; saying that at the January 5, 2022 Work Session a decision was made to provide 100% of the ARPA funds to 114 homes in Scandia. Many residents have no or poor internet for work and school, and they expressed disappointment in the quick decision made at that meeting. They had just recently heard that full funding is available for internet, but not for their house until 2024. They questioned why the Council took a 3-2 vote to designate ARPA funds to the sewer project rather than split the funds between internet and sewer. Mr. Collier expressed interest to volunteer on the Internet Action Committee. John Carney, 23370 Melanie Trail, said the funding purpose of ARPA is to alleviate economic effects of the pandemic, and a down payment for what the country needs – it needs internet. The Internet Action Committee, of which he is a member, is working to accelerate and expand internet in Scandia. Jobs, school, telemedicine, and digital broadband are very important and a useful purpose for this funding. The anticipated timeline is to finish in 3 years, and hopefully accelerate to 2 years, saying the community needs broadband expansion. Mr. Carney stated that at an earlier meeting, the Administrator said the ARPA funds are earmarked for sewer. Mr. Carney noted a conflict of interest in the Council voting to use the ARPA funds for the sewer project. He is concerned to spend the ARPA funds completely on the Big Marine sewer project that benefits only 6% of Scandia households, when ARPA is to be used for Covid related January 18, 2022 Scandia City Council Page 2 of 10 relief. Mr. Carney said there are ethical responsibilities of office holders; personal and financial benefits should not factor into funding allocations and important decisions Marschall Smith wrote a letter to the City Council in favor of using the ARPA funds for the sewer project. Mr. Smith wrote that use of internet funding is secure with County, State and Federal funding in the works. Having internet expansion secure in the coming years, the City should fulfill its obligations to the sewer system for the community. There were no other comments and Mayor Maefsky closed the public forum. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) December 21, 2021 Regular Meeting 2) January 5, 2022 Work Session b) Treasurer’s Report c) Payment of Vouchers d) Resolution No. 2022-01 Designating Depositories of City Funds for 2022 e) Resolution No. 2022-02 Ratifying Surety and Blanket Bonds f) Resolution No. 2022-03 Corrected Employee Pay Rates for 2022 g) Approve Temporary Off-Premise Sales Liquor License for Vinterfest (January 28-29, 2022), Meister’s Bar & Grill h) Approve wage adjustment for Volunteer Firefighter i) Approve Tobacco Products Sales License for change in Ownership of Scandia Olde Towne Liquor Ray second by Kronmiller, moved to approve the Consent Agenda as presented. Motion carried 5-0 by roll call vote. PUBLIC HEARING: NEW OFF-SALE INTOXICATING LIQUOR LICENSE APPLICATION FOR TRANSFER OF OWNERSHIP OF THE BUSINESS “SCANDIA OLDE TOWNE LIQUOR” AT 21190 OZARK AVENUE Roxanne and Kirk Bluhm will be purchasing the existing retail business Scandia Olde Towne Liquor in February and have applied for a new Off- Sale Intoxicating Liquor License. City Clerk Eklund explained that the application meets the ordinance provisions, and the required public hearing was scheduled. Mayor Maefsky opened the public hearing. Roxanne Bluhm stated that she resides in Lindstrom and has experience in retail liquor, and is looking forward to operating this long-time Scandia business. There were no other comments and the hearing was closed. Ray, second by Kronmiller, moved to approve an Off-Sale Liquor License for Bluhm Liquors to operate Scandia Olde Towne Liquor effective February 1, 2022. Motion carried 5-0 by roll call vote. January 18, 2022 Scandia City Council Page 3 of 10 PARK AND RECREATION COMMITTEE Bylaws Amendment Recommendation PRC Chair Terry Gorham explained that last fall a qualified candidate from a neighboring city, who had been a Scandia resident for many years, was appointed to fill a vacancy on the Committee; but in order for the appointment to take effect, an amendment must be made to the bylaws. According to Section 7 of the bylaws, this amendment must be initiated by the PRC by majority vote, and approved by the City Council. Gorham reported that the PRC recommends Council accept the following amendment: “Section 3. Membership. The SPRC is made up of Scandia residents or individuals from neighboring communities, with a majority being Scandia residents, appointed by the City Council according to the requirements of the City’s Code of Ordinances, chapter §30.08, Advisory Committees and Commissions.” Council member Ray said it’s important to do this; there are those who are committed to Scandia, but have moved away, and can still be a great resource. Ray, second by Benson, moved to adopt the recommended changes to the PRC bylaws. Motion carried 5-0 by roll call vote. Prize Award Authorization for Children’s Story Board Tomte Contest Gorham reported that the Committee is sponsoring a story board contest similar to last year’s contest with the theme of Swedish Tomte, to tie-in to the ice sculpture theme. The PRC is requesting prize money of $225 for the children’s story contest. Council member Ray said this contest will be educational in teaching the folklore and history of Swedish culture. Kronmiller, second by Benson moved to authorize $225 to fund the prize awards for the Children’s Story Board Contest. Motion carried 5-0 by roll call vote. PLANNING COMMISSION Interim Use Permit for a temporary Rural Event Center at 20168 St. Croix Trail, Rustic Roots Winery. Greg Sandager, Applicant. Resolution No. 2022-06, Approving an IUP for a Rural Event Facility; and Resolution No. 2022-07, Approving a CUP Amendment for a Rural Event Facility Planner Monson presented the recommendation from the Planning Commission to approve an Interim Use Permit for a temporary Rural Event Center at Rustic Roots Winery due to building supply issues for the business to construct the permanent structure, approved in April 2021. The business owners plan to use a temporary tent on site for a short-term interim of up to 5 years. Monson explained that the short-term proposal best fits an Interim Use Permit. Monson stated that this includes a request to extend the expiration of the Conditional Use Permit for the rural event center. If no action is taken to amend the CUP, the permit expires in April 2022. The Commission recommended a CUP amendment to be in effect until the permanent structure is built. Two resolutions with conditions of approval were prepared. Council member Ray said this is a good solution during the pandemic situation. Council member Kronmiller said he agrees entirely. January 18, 2022 Scandia City Council Page 4 of 10 Ray, second by Kronmiller, moved to adopt Resolution No. 2022-06, Approving an Interim Use Permit for Parcel 24.032.20.41.0001 located at 20168 St. Croix Trail North. Benson announced that she will recuse herself from the vote due to an employment relationship with the business. Motion carried 4-0 by roll call vote, with Benson abstaining. Cusick, second by Ray, moved to adopt Resolution No. 2022-07, Approving a Conditional Use Permit Amendment for Parcels 24.032.20.41.0001; 24.032.20.44.0002; and 24.032.20.44.0001 located at 20168 St. Croix Trail North. Motion carried 4-0by roll call vote, with Benson abstaining. Continued from December 21, 2021: Ordinance No. 2021-06: Amendments to City of Scandia Development Code, Chapter 2, Section 4.34(B) regarding Distribution Scale Solar Energy Systems, and to City of Scandia Development Code, Chapter 5, Shoreland Management Regulations to allow distribution solar energy systems within the Shoreland Overlay district as a conditional use. Planner Monson explained that applicant Mike Lubke has proposed changes to commercial scale solar developments within certain areas designated as shoreland. The Planning Commission recommended approval of the ordinance amendments at their December meeting. The City Council requested further research at their meeting on December 21, 2021. Staff and the applicant identified 3 water bodies totally encapsulated within Ag Core affecting 27 parcels. After eliminating most due to setbacks and other requirements of the proposed ordinance, Monson stated that only 5 are viable for solar development as proposed. Monson said that Lubke was looking to use a perennial crop option as screening in lieu of other evergreens, but now the applicant is requesting this be struck from the ordinance amendments. The amended ordinance has proposed increased setbacks from minor arterial roads from 500 feet to 1000 feet to protect scenic views. Council member Ray asked if commercial solar is legal in Ag Core, why add shoreland. Monson explained that this would open up Lubke’s parcel to solar development. Because this is not an allowed use in shoreland, he cannot get a variance for commercial solar use on his property. Benson asked for clarification on the eligible parcels. Lubke answered that his property at Manning and Highway 97, and an additional 3 parcels on 230th Street total four eligible parcels. Council member Kronmiller referred to the solar garden regional map in the meeting packet, saying there are 20 megawatts of generation in Scandia, a lot in our area because of the large open spaces. Neighboring counties are benefiting as adjoining communities. Kronmiller said he likes Lubke’s proposal, but has a basic concern that there is a proliferation of commercial solar gardens in Scandia already, and oftentimes have a negative reaction from the community. The Council already reevaluated the solar ordinance to allow another one, and when is there enough. Kronmiller recommended they pull the ordinance by a moratorium to study where more could potentially be built. Council member Ray said she would like to visit the existing ones, and provide more time to learn about them. January 18, 2022 Scandia City Council Page 5 of 10 Mayor Maefsky said she voted against the last solar ordinance which allowed more solar in the community, and has similar reservations. Maefsky recommended they step back and see what the potential is for the whole city that could open it up in other ways, a concern she has of future solar development. Maefsky commended Lubke for the work he put into the proposed amendments, and suggested a revision to the entire solar ordinance which could incorporate his ideas and consider commercial solar within the shoreland overlay. Maefsky said she suggests a moratorium be placed on commercial solar projects. City Attorney Nelson explained that a moratorium would require a study; findings are needed which could be done. A moratorium can last for up to one year. Maefsky, second by Kronmiller, moved to look at a moratorium on commercial solar development at the next Council meeting. Motion carried 4-1 by roll call vote, with Cusick opposed. SCANDIA INTERNET ACTION COMMITTEE Minutes from the December IAC meeting were provided. Council member Ray said she spoke to Washington County staff and they are working on the Broadband Fund grant application that will be ready in a few weeks. TOURISM COMMITTEE Tourism Committee minutes were in the meeting packet. The promoters of the ice sculpture event will provide two tomte designs for the Committee to choose from, for its February installation. Administrator Cammilleri reported that staff is investigating the cost of wayfinding signage. The Committee is exploring a concept of a community wide garage sale, with proceeds supporting the Scandia Elementary Educational Fund and Lions’ scholarships. ECONOMIC DEVELOPMENT AUTHORITY EDA President Benson reported on the January 10th meeting. A revised work plan will be presented to the Council at the February work session for consideration. Officers for 2022 were elected with Greg Amundson as President, Benson to serve as Vice President. WASTEWATER COMMITTEE Minutes from the December 15th meeting were provided. Council member Kronmiller reported on the Committee’s recommendation for sewer rates. The Committee is looking at how rates are established, discussing larger connection fees, and researching usage to determine that users are being billed correctly. COMMITTEE APPOINTMENTS Ray, second by Benson moved to appoint Jan Hogle to a 5-year term on the Planning commission. Motion carried 5-0 by roll call vote. Kronmiller, second by Cusick, moved to appoint Richard Bohrer to a 5-year term on the Wastewater Committee. Motion carried 5-0 by roll call vote. January 18, 2022 Scandia City Council Page 6 of 10 BUILDING OFFICIAL The December building activity report was received from Building Official Joel Hoistad. Last month 15 permits were issued at a valuation of $680,310.00. In 2021, 351 permits were issued at a valuation of $12,691,859.44. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department’s December activity. Last month the department responded to 34 calls; 3 fire, 26 medical, with 5 cancelled calls. Fire Chief Annual Report 2021 Hinz noted the 15% increase in call volume over 2020, a continued trend. This year has seen at least one call per day. Medical calls make up approximately 60% of total calls, trending downward from prior years. Hinz included a chart of fire department members’ years of service, with Peter Nora nearing 40 years on the department. The Council thanked Chief Hinz for the thorough and informative report. Resignation of Volunteer Firefighter Jerome Merrier Firefighter Jerome Merrier submitted his resignation effective January 19, 2022. Merrier has just over 20 years’ service with the department. Hinz explained that normally the city hosts a reception gathering for retirees. Mayor Maefsky said this will be put off until Covid conditions are safer. Kronmiller, second by Ray, moved to regretfully accept the resignation of Firefighter Jerome Merrier. Motion carried 5-0 by roll call vote. Approve hiring process for new recruits Chief Hinz said the department is looking to add members, and provided a tentative schedule and timeline for this year’s formal hiring process. Ray, second by Kronmiller, moved to approve the hiring process for the Fire Department. Motion carried 5-0 by roll call vote. Temporary On-Sale Liquor License, Scandia Fire & Rescue Relief Association (February 26, 2022) Chief Hinz announced that a decision was made last evening to cancel this year’s Fireball due to the spreading Covid variant. The department is hoping to have an outside community event this summer. CITY ENGINEER Engineering Updates City Engineer Goodman provided monthly engineering updates in a written report. 2022 Street Improvement Project -- Approve Plans and Specifications and Authorize Advertisement for Bids (Melanie Trail and 238th Street) Engineer Goodman provided a map of the 2022 Street Improvement Project for reclamation, bituminous pavement, and drainage improvements on Melanie Trail/238th Street. The project is partnering with the Watershed District to include storm water quality improvements as an January 18, 2022 Scandia City Council Page 7 of 10 alternate to the bid. If awarded, the costs associated with the alternate portion will be paid for by Comfort Lake Forest Lake Watershed District. The City budgeted $600,000 for this year’s project. Bid opening is planned for February 9, 2022 with the contract award to be considered at the February 15, 2022 Council meeting. Cusick, second by Kronmiller, moved to approve the 2022 Street Improvement Project Plans and Specifications and Authorize Advertisements for Bids. Ray announced that she will recuse herself because the project is on her street. Motion carried 4-0 by roll call vote, with Ray abstaining. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer provided a written report on the department’s activities. Snow events of 1”-3” has had the crew out multiple times this past month. A private well installation on Lamar Avenue caused erosion within a ditch to Langly Avenue. The contractor cleaned the ditch and is responsible for full clean up in the spring. The ice rink is up and running, but the part-time Zamboni operator position remains unfilled. Full-time staff is managing the rink maintenance until the season ends. Staff is completing Vinterfest preparations, arranging for water heater replacement at the Community Center, and have replaced the failing kitchen freezer. Connected Nation completed the testing of the recent Broadband project off of 209th Street and Quality Trail, with an initial report that speeds came out very well. An official report will be sent to the City when it is complete. CITY ADMINISTRATOR Administrator Cammilleri reported that staff is preparing for the financial audit taking place in early March. The Local Board of Appeals is scheduled for April 18th. All council members are trained. The Comfort Lake-Forest Lake Watershed District received grant funding of $171,200 for wetland restoration at the intersection of 238th Street and Meadowbrook Avenue. Work on the project is anticipated to begin soon. Cammilleri explained the water appropriation request being made to the DNR from Tiller/Martin Marietta’s Scandia gravel mine, to increase usage to 30 million gallons /year. Although the City originally submitted a challenge letter to the Minnesota DNR earlier last year, the official public comment period currently ends this Wednesday, January 19th. Cammilleri reported that final comments were just received from Dave Hume of LRE Water, the City’s contracted expert on groundwater impacts of the mining operation, which concluded little to no risk to the aquifer with this increased usage. Cammilleri asked if the Council desired to submit a change in its response to the DNR. Christina Morrison and Kirsten Pauly, MM/Tiller representatives, joined the virtual meeting and explained the water appropriation request, saying they are aware of the city’s letter of concerns sent to the DNR. Morrison said that the DNR recommended Tiller respond to the letter of concerns raised, which were that such increase is likely unnecessary and potentially detrimental to adjacent wells and the environment. Morrison stated that the mine typically uses 15 million gallons/year, is permitted up to 20 million g/y, but increased demand for washed product has the mine planning for future production needs and this usage is not uncommon in this industry. The production well is withdrawing from an unconfined aquifer, running through sedimentation basins and infiltrating back to the same aquifer it was drawn from. Morrison stated that these January 18, 2022 Scandia City Council Page 8 of 10 water appropriation permits are not permanent but dynamic. The DNR has authority to curtail use due to certain local conditions, and water levels are continually being monitored. Cammilleri noted that consultant Hume confirmed minimal risk to groundwater, with experts saying it is not as concerning. Council member Ray said she has a big concern for the nearby Bone Lake community, saying chemicals are added to the washing process and returned to the groundwater. Morrison answered that water treatments are commonly used to promote recycling of water. In Scandia, plant-based coagulants are used to promote this cycle which are biodegradable and allowed by the MN Pollution Control Agency. Ray asked why the increase is to double existing water usage. Morrison said the higher volume of pumping occurred in two months of the construction season; if extrapolated to a few more months, this gives flexibility for more months of a demand shift to washed product standards. Kronmiller stated that Tiller is responding to their customer base, but Scandia needs to do so to the community. He has concerns, and recommended no change to the letter submitted last year, as it reflects the concerns of the community. Kronmiller said the City will let the DNR make its decision, and to let the letter stand as it was sent. Addressing other administrative topics, Cammilleri provided progress reports on legislative requests, and reported that the Water Tower Barn has been included in the governor’s budget. Other bonding requests for the Bliss Wastewater Project and the Gateway Trail are being drafted and sponsored by local officials. Mayor Maefsky asked about the concern brought up about conflict of interest in voting for ARPA fund allocations. Attorney Nelson provided a memo to Cammilleri explaining contractual and noncontractual funding decisions; ARPA funds are noncontractual. The memo will be added to the meeting packet and distributed to Council. APPLICATION FROM SCANDIA-MARINE LIONS CLUB FOR LAWFUL GAMBLING PREMISES PERMIT TO CONDUCT CHARITABLE GAMBLING AT THIRSTY BUFFALO SALOON, 21050 OZARK COURT NORTH. RESOLUTION NO. 2022-04 Todd Smith, Gambling Manager for the Scandia-Marine Lions Club, has applied for a Lawful Gambling Premises Permit to conduct charitable gambling at the Thirsty Buffalo. Staff reported that the application meets the requirements of the ordinance. Ray, second by Benson, moved to approve a Lawful Gambling Premises Permit for the Scandia-Marine Lions. Motion carried 5-0 by roll call vote. DISCUSSION ON DESIGNATING THE OFFICIAL NEWSPAPER FOR 2022 Ray, second by Kronmiller, moved to designate the Country Messenger as the official legal newspaper for 2022. Motion carried 5-0 by roll call vote. DISCUSSION ON THE APPOINTMENT OF ACTING MAYOR FOR 2022 Motion by Ray, second by Cusick, to appoint Council member Heather Benson as Acting Mayor for 2022. Motion carried 5-0 by roll call vote. January 18, 2022 Scandia City Council Page 9 of 10 RESOLUTION NO. 2022-05 FOR AUTHORIZED BANK SIGNATORIES Kronmiller, second by Ray, moved to adopt Resolution No. 2022-05, Authorizing Bank Signatories for 2022. Motion carried 5-0 by roll call vote. PAY REQUEST AND DISCUSSION ON SHC DEVELOPMENT CODE UPDATE CONTRACT Administrator Cammilleri provided recent pay requests from SHC for services provided on the update to the development code project, totaling $13,676.25. Approval of the payment will place the project at approximately 88.4% of the total approved project budget. Cammilleri recommended this pay request be approved. SHC has reported that they anticipate the next deliverable will be a draft that will be approximately 95% complete, and are hoping to plan another work session to discuss edits. Benson, second by Cusick, moved to approve payment to SHC in the amount of $13,676.25 for services rendered. Motion carried 5-0 by roll call vote. DISCUSSION ON PURCHASE OF ADDITIONAL SNOWFLAKE LIGHTING Last month, seven snowflake decorations were stolen from the downtown lighting on the street poles. Mayor Maefsky suggested that while replacing the seven stolen snowflakes, including three additional spares to have on hand, she would like to propose adding snowflake lighting to the light poles in the Community Center parking lot. Staff provided a quote of $4,000 to purchase eight additional snowflake lights for the parking lot. Maefsky said the lights are on from the Vinterlights event to Vinterfest and makes things bright and cheery; adding them would be good. Council member Ray asked if an insurance claim will be made for the stolen decorations. Cammilleri stated no; there is a deductible cost and the claim could affect the premium modifier and raise the city’s rates. Council member Cusick suggested the lighting be installed in a way to make it more difficult for theft. Council member Ray said she is in favor of adding snowflake lighting to the parking lot. Council member Kronmiller agreed, saying businesses are doing a lot to spruce up the downtown and this would be a nice addition. Council member Benson said she does not agree with spending more money for the extra lighting. Ray, second by Kronmiller, moved to approve the purchase of 8 more snowflake lights for the Community Center parking lot at a cost of $4,000. Motion carried 3-2 by roll call vote, with Benson and Cusick opposed. COVID-19 RESPONSE AT VINTERFEST / COVID-19 BUSINESS PLAN Fire Chief Hinz explained that he is presenting the Council with information from the County and State health departments mainly because of the increase in the Covid positivity rate. Administrator Cammilleri said they have arranged the Vinterfest event in ways to implement the recommended precautions. The special event permit for the hockey tournament provides a condition that a Covid plan is followed if needed. Most are outdoor activities, and the Lions January 18, 2022 Scandia City Council Page 10 of 10 could provide a to-go breakfast if needed. Cammilleri explained that staff is bringing the topic to the Council in case any changes to the event are to be made. Attorney Nelson advised that as long as the City is not actively negligent and adding precautions of masks and distancing for indoor events, the City has met its responsibility and liability is limited. Staff was directed to contact the vendors and participating groups to Vinterfest with the recommended Covid precautions and encourage them to comply. ADJOURNMENT Benson, second by Ray, moved to adjourn the meeting. Motion carried 5-0 by roll call vote. The meeting adjourned at 9:50 p.m. Respectfully submitted, Brenda Eklund City Clerk