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06.a1 Draft minutes 03-15-2022 Meeting March 15, 2022 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. 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 7:00 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 (remote), City Engineer Ryan Goodman, City Attorney Chris Nelson, Deputy Zachary Boesel, Fire Chief Mike Hinz, Public Works Director Charles Fischer, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Benson, second by Ray, moved to approve the agenda as presented. Motion carried unanimously by roll call vote. LAW ENFORCEMENT REPORT Deputy Boesel reported on a residential theft of vehicles, a request for extra signage of vehicle engine noise laws along Highway 97, and work with the local Conservation Officer on DNR issues. Boesel will start DARE training and lessons with the 6th grade class at Scandia Elementary this spring. Boesel reported that he will be involved with Citizen Academy training in April and May, a Sheriff’s Department program aimed to give interested citizens insight into law enforcement activities. A written police incident report for February was provided. PUBLIC FORUM John Lindell, 11240 218th Street, addressed the Council with comments regarding internet and Big Marine Sewer funding, the city’s support of the proposed Heritage Center, and Tiller’s mining into the groundwater at the Scandia Mine, adjacent to his property. He asked what is the benefit to all Scandia taxpayers to subsidize internet and sewer improvements, and that other alternatives should be considered. He warned of the old water tower barn being a junk building that will be dumped on taxpayers in the future, and not a good idea to get involved with this. He suspected that his pond is drying up due to Tiller’s mining activities, which he attributed to the previous Council allowing groundwater excavating. Lindell concluded with a statement that Scandia is doing a poor job of seeking public input on its decisions. Certificate of Appreciation to retiring Firefighter Jerome Merrier Mayor Maefsky presented Jerome Merrier with a certificate of appreciation for over 20 years of service to the Scandia Fire and Rescue Department. CONSENT AGENDA a) Minutes 1) February 15, 2022 Special Meeting 2) February 15, 2022 Regular Meeting 3) February 16, 2022 Special Meeting March 15, 2022 Scandia City Council Page 2 of 10 4) February 22, 2022 Meeting Notes 5) March 2, 2022 Work Session b) Treasurer’s Report c) Payment of Vouchers 1) Payment to Midco for the 2021 Direct Broadband Buildout d) Adopt Resolution No. 2022-09 Re-establishing Unchanged Precinct and Polling Place in the City of Scandia, Washington County e) Accept Donation from Scandia Relief Association for Thermal Cameras f) Approve Scandia Farmers Market request to use the Community Center grounds for this season g) Approve Park User Permit for Fastpitch Softball Tournament June 24-26, 2022 h) Approve Parks and Recreational Chair & Vice-Chair Recommendation i) Approve Pay Increases and Stipends to Volunteer Firefighters Upon Completing Certifications j) Approve Washington County Historical Society Temporary Liquor License for Beer Tasting Event on June 18, 2022 Ray, second by Benson, moved to approve the Consent Agenda as presented. Motion carried 5-0 by roll call vote. PARK AND RECREATION COMMITTEE Council liaison Ray reported on the PRC meeting from March 7th. The Committee heard about recommended service work to the Zamboni, approved the MSA proposal for a master plan for parks, were notified of the Lions Club $10,000 donation to new playground equipment, will reschedule the cancelled Star Party, assigned each committee member to a park for future reporting, reported on work going forward with the school forest program, and planning with the St. Croix Theater for a summer youth program. Chair Gorham recently met with the Heritage Alliance for future trail development on the Heritage Center site. PLANNING COMMISSION Amendment to an Existing Conditional Use Permit for a Conservation Memorial Forest at 12630 Lakamaga Trail North, and an Interim Use Permit for temporary structures at the site. Applicant Better Place Forests. Resolution No. 2022-10 (Interim Use Permit) and Resolution No. 2022-11 (Amendment to CUP). Planner Monson presented the request from Better Place Forests to amend the existing Conditional Use Permit for a conservation memorial forest at 12630 Lakamaga Trail, and a request to allow temporary structures on the site. The CUP was originally issued in July 2020. Amendments to the CUP will adjust the expiration time and update the site plan. Monson explained that an Interim Use Permit would allow for a temporary tent structure and composting toilet facility for up to 5 years until the permanent facilities are built. The Planning Commission found that criteria were met in both items of the request and recommended approval. Two resolutions with findings and conditions of approval were prepared for separate action. Ray, second by Benson, moved to adopt Resolution No. 2022-10, Approving an Interim Use Permit for 12630 Lakamaga Trail. Motion carried 5-0 by roll call vote. March 15, 2022 Scandia City Council Page 3 of 10 Ray, second by Benson, moved to adopt Resolution No. 2022-11, Approving an Amendment to the Conditional Use Permit for 12630 Lakamaga Trail. Motion carried 5-0 by roll call vote. Conditional Use Permit for a Place of Worship at 23393 Nolan Avenue North. Applicant Roger Tomten on behalf of Bethany Center for Prayer and Renewal. Resolution No. 2022-12 Planner Monson presented the request for a Conditional Use Permit to operate a silent prayer and retreat center on 110 acres at 23393 Nolan Avenue North operated by Bethany Center for Prayer and Renewal. The applicant plans to remodel the existing house on the site to a hospitality center, and to repurpose the granary to a chapel for quiet prayer. Future plans are to add private hermitages on the site for quiet prayer and solitude to retreat attendees. Monson explained that the future phase will require an amendment to the CUP. The first phase is being considered tonight. Monson stated that current zoning allows a place of worship as a land use with a CUP. A wetland delineation will be required for a site plan showing the future hermitages. Monson reported that the Planning Commission found that the criteria for a CUP were met and recommended approval with conditions. These conditions were listed in a resolution, including that a complete delineation of wetlands be completed, the chapel holds no more than 20 people, applicant must combine parcels that are under the same zoning districts, and that all other permits must be obtained. Council member Ray asked why the original plan shows 72 parking spaces, and the Commission is limiting parking to 20 spaces. Owner Sheryl Moran explained that the plan submitted was to show how much available parking can be accommodated on the site using existing surfaces without clearing additional land. No more than 20 spaces will be needed. Council member Benson asked if the retreat center will ever be used by the public? Moran answered that the center will only be used by those making silent retreats - no weddings, funerals or public events will occur. Council member Cusick asked who is behind this project? Moran stated that Bethany Center is a non-profit with herself and seven board members made up of Catholic priests and lay people, who are looking to offer a retreat space to others. The Center will adhere to Catholic church teachings, but is not an arm of the church. A priest will live on the property. A future director residence is proposed. Moran said that right now, the Board is exploring all options. Mayor Maefsky asked what are the tax implications? Moran stated that the organization is a tax exempt 501c3 non-profit organization. Moran said she understands the importance for Scandia to have tax revenue. Council member Benson asked about future structure placement. Moran explained that the prior owners operated a tree farm as shown in an aerial photo. The future cabins will be placed within this setting and trails located in the open area. Moran said there will be no noticeable changes on the site as seen from neighboring properties. Moran explained that part of purchase agreement will have some smaller sized trees removed by the prior owner to his new tree farm property. March 15, 2022 Scandia City Council Page 4 of 10 Council member Ray asked Moran if she has experience running a retreat. Moran replied no, she was a math teacher, has done extensive volunteer work, and has plans to hire a spiritual director for the retreat center. Mayor Maefsky noted there are outstanding questions to address, such as septic, landscape, and lighting plans before approval. Planner Monson explained that the wetlands will be delineated in the spring, with conditions of the CUP to be completed as they move forward. Administrator Cammilleri stated that the granary may potentially be in the shoreland zone, and the wetland delineation will need to be completed to determine its setback. Planner Monson noted that the applicants will need to confirm if the structure is within the setback, and are aware that they may need to move the structure out of the setback before renovation of the structure to a chapel. Council member Ray asked how will this project will benefit Scandia? Moran said as a place to pray, the center will bring people to Scandia, raising awareness of the beauty of the area. The center will need to hire workers, who could be local residents. Moran said they want to be great neighbors, and a place that will be quiet and maintain the integrity of the property. Council member Kronmiller asked how long will it take to complete the items in the conditions? Moran explained that the wetland delineation needs to be delayed to spring, they are in the process of preparing plans for the remodel of the house to make it handicap accessible, and are waiting to see if the granary may need to be moved out of any setbacks before renovating it to a chapel. Moran noted that they will not be operating this year, and will be working with staff on a completed site plan to be ready next year. Council member Kronmiller said the Council needs to know what we are getting, and is uncomfortable with the plan in which setbacks are unknown; the Council is being recommended a concept plan with too many missing pieces. Moran explained the first phase is to remodel the main building. Mayor Maefsky said if approved, the project must meet the conditions of the CUP. They cannot move forward until conditions are met. Moran said the future cabins will be arranged to meet required setbacks. Administrator Cammilleri said staff will need to approve the site plan and there will be a major plan review process at that time with the Planning Commission and Council when they return for an amendment to the CUP for the second phase. Moran explained that they are looking to remodel the house to host retreats for a small number of guests. They are getting started and will move forward as funds are raised for the hermitages. She said they know they need lighting and landscaping plans as they get started with phase one. Administrator Cammilleri noted that the City Engineer will review the grading, parking and landscaping plans. The Watershed will also be reviewing site plans. City Attorney Nelson noted that the conditions require the plans to be approved by staff before proceeding with any work. Mayor Maefsky asked if they could add conditions to allow the Council to be informed along the way. Kronmiller said he could support this. Moran said they March 15, 2022 Scandia City Council Page 5 of 10 are looking for the city to tell us what we can do. Cammilleri said that staff will provide reports to the Council as materials are reviewed and as they become available. Nelson stated that the wetland delineation will come to the city to ensure compliance when available. Mayor Maefsky allowed speakers to comment. Joe Adrian, 12811 236th Street, said it appears this is the first time the city is seeing a plan with circumstances like this, and the same with the applicant in developing these plans. He said it would be prudent to have a plan laid out in detail so all understand the expectations, and this appears to be piecemealed. The city needs to understand the full intent in its entirety. Tom Neary, 13624 240th Street, referenced the applicant’s narrative and noted that they have no funding – how will they get money for this? He said the city will lose tax base and they will reap the benefits. Neary said he is opposed because they don’t know what they are doing. Lori Lavin, 12850 236th Street and owner of 13624 240th Street, said she agrees with Kronmiller. Since attending the Planning Commission meeting, new things come up in the application and it’s not completely laid out. The application seems rushed; the city needs to see a clear, concrete plan. Administrator Cammilleri said the conditions of the permit require a staff review to address the concerns. The parking lot will be reviewed by the Engineer, and is not a complete final design at this time; however the Planning Commission added a condition to make it completely screened from neighboring properties. Effects to property values are addressed by limiting maximum occupancy at the site. Council member Kronmiller said they should address noise, lighting, hours, number of events. Attorney Nelson noted the concerns that the application is incomplete, and asked Moran if she would agree to an extension of the review timeline to address these concerns – to further define the use, wetland setbacks, and a complete site plan. Staff noted that the April 21st review deadline may not be sufficient time to complete a delineation, and the application extended by an additional 60 days. Moran stated that she is concerned she would not have a wetland delineation in time to address the concerns. Moran said the use in the project description is a quiet, silent retreat. She said there is frustration in not knowing what is needed for the City’s review beginning last year, but would accept an extension. Council member Cusick said the wetland delineation is not an issue with this first phase, and the applicant will fit future cabins into sites that meet setbacks. Why are setbacks an issue? Cammilleri said the Wetland Conservation Act requires conformity with the ordinance when triggered by a remodel. What is onsite today may not meet conformity, and is unknown until the wetlands are delineated. Moran noted that they will need a CUP amendment for phase two, and will approach phase two requirements when they can. March 15, 2022 Scandia City Council Page 6 of 10 Attorney Nelson said it sounds like the Council wants to see a final site plan. There is a condition in the permit which requires the applicant to come forward with a CUP amendment with this final site plan. If Bethany agrees to a 60-day extension, Council could take action on June 20th. Mayor Maefsky said the wetland delineation doesn’t appear to affect phase one plans. Roger Tomten, architect for the project, explained that the house was built in 2002. The site plan shows it met the setback from Sea Lake when built and continues to meet the current setback. Attorney Nelson proposed amendments to the conditions that could alleviate concerns: • 3g. – remove development agreement language (this would only be triggered by a subdivision). Replace second sentence with “Required surface of parking lot shall be determined and approved by the City Engineer”. • Reword Condition 5: “The use of the property as a place of worship is limited to hosting silent spiritual retreats for individuals, which shall last from 3-30 days. No more than 20 persons may use the property for purposes of silent spiritual retreats at any time. The proposed chapel shall host no more than 20 people at one time.” Nelson said this could address Kronmiller’s concerns about traffic and turnover. • Add a new condition to describe the use of the property: “The property, the buildings, and the facilities may not be let to any other person or entity other than Bethany Center or any successor organization.” Nelson said this will ensure the use is for the Center only as opposed to an event center. Cusick, second by Maefsky, moved to adopt Resolution No. 2022-12, Approving a Conditional Use Permit for a Place of Worship at 23393 Nolan Avenue North with staff amendments. Roll call vote: Benson – yes; Kronmiller – yes; Ray – no; Cusick – yes. Maefsky – yes. Motion carried 4-1. SCANDIA INTERNET ACTION COMMITT No meeting was held in February. TOURISM COMMITTEE Mayor Maefsky reported that the Tourism Committee has been studying wayfinding signs, and is looking into another membership in Shrpa.com for visits to the community. ECONOMIC DEVELOPMENT AUTHORITY EDA representative Benson reported on the March 14th meeting of the EDA. New member Mike Lubke was introduced. The next meeting has been rescheduled to April 12th. Prairie Restoration has announced that it will reopen to retail sales this spring. The EDA is hosting a business breakfast on March 16th. WASTEWATER COMMITTEE No meeting was held in February. March 15, 2022 Scandia City Council Page 7 of 10 BUILDING OFFICIAL The February building activity report was received from Building Official Joel Hoistad. Last month 14 permits were issued at a valuation of $158,000.00. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department’s February activity. Last month the department responded to 17 calls; 5 fire and 12 medicals. All five members in training for EMT have passed their certifications. Hinz said call volumes are returning to normal after record levels the past few months. CITY ENGINEER Engineering Updates City Engineer Goodman provided engineering updates. The 2022 street project will start in June. Washington County has two improvement projects planned on county roads within Scandia: County Road 3 and Manning Avenue. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported that the crew responded to recent snow events accompanied by icy conditions, flow meters have been installed for the sewer system as required by the MPCA permit, and the ice rink closed on February 28th. Authorize DNR Outdoor Recreation Grant application – Resolution No. 2022-13 Fischer presented the DNR grant application for the playground equipment replacement project for the Community Center Park. The grant, if awarded will be $112,500 with a 50% match from the City including any donated funds or in-kind match. The breakdown of matching funds is as follows: City – Park Capital = $98,000 City – In Kind Staff Hours = $4,500 Scandia Marine Lions Donation = $10,000 DNR Grant Funding = $112,500 Total = $225,000 Fischer said he is hopeful an award announcement will be made in July. Ray, second by Benson, moved to approve Resolution No. 2022-13, Authorizing Outdoor Recreation Grant Application for Playground Equipment Replacement. Motion carried 5-0 by roll call vote. CITY ADMINISTRATOR Administrator Cammilleri reported on general updates. Staff is in the process of distributing a draft of the unified development code update, with an Open House scheduled for April 11th at 6:30pm. Improvements to online building permit applications and software updates are being explored, with enhanced communication between Scandia and Hugo for more efficient scheduling systems. The County assessment report was distributed showing a jump in median residential home values. All three state bonding requests have been introduced to capital investment committees at the legislature. Cammilleri recommended the Council consider lobbying assistance for the Gateway Trail and Big Marine Sewer project bonding requests. March 15, 2022 Scandia City Council Page 8 of 10 Proposals for Legislative Lobbying Services Administrator Cammilleri said that although there has been progress in moving forward the bonding requests for the Gateway Project and the Bliss Nitrate Treatment Project and Primary Lift Station Replacement Upgrade, the requests will greatly benefit from lobbying assistance -- legislative activity is exceptionally challenging to navigate without lobbying assistance. Cammilleri explained there is budget capacity in the city’s fund balance for lobbying assistance with bonding bills at the legislature, and offered two proposals for the Council’s consideration. • Libby’s Law Office proposes a fee of $2,400 per month, payable in monthly installments commencing in March 2022 and going through May 2023 for a total of $36,000. Bill Strusinski and Les Heen would be taking the lead on this initiative, with a scope to assist the City in pursuing funding opportunities after the end of the regular legislative session, including during special legislative sessions in 2022, and through state-funded grant processes such as the Legislative Citizens Commission on Minnesota Resources (LCCMR), Lessard- Sams Outdoor Heritage Committee (LSOHC), and the Public Facilities Authority (PFA). If the city receives legislative funding for all its requested projects in the 2022 legislative session, and declines to pursue any additional projects, the contract could be cancelled after four months, with a total fee of $9,600, ending June 30, 2022. • Scott Government Relations proposes retainers of $25,000 for the Bliss Wastewater Project, $10,000 retainer for the Gateway Trail bonding proposal, and $10,000 retainer for the Gateway Trail LMCCR process, all for a term of March 2022 to June 1, 2022. Mayor Maefsky said Scandia has three bills before the Senate and House. The Scandia Heritage Alliance has a lobbyist hired for the Scandia Water Tower Barn Regional Arts and Heritage Center, which has made it to the Governor’s budget and is on a priority list. Maefsky said there is an importance to lobbying to keep the requests before the members of the legislature. Maefsky said she invited John Herman to speak on his lobbying experience. John Herman, Scandia resident, said he has many years of experience in lobbying at the Capital. The benefits of having a continuance presence are critical and the rate of return is extremely high. He said Bill Strusinski has excellent bi-partisan relationships at the capital and is highly recommended as he is a Scandia resident as well. Herman said he offered a very fair rate in his proposal. Council member Ray clarified that Strusinski’s fee would be divided as $18,000 for the Gateway project and $18,000 for the sewer project. Staff confirmed the amounts. Ray asked if donations could be leveraged from Gateway Trail supporters, as was provided in the past for a lobbyist. Lisa Philippi, virtual participant, said that could be possible; approximately $5,000 is achievable, the amount raised in 2020. Council member Benson said she is not excited about the cost long-term; could staff ask for a 4- month proposal at $2,400 per month and that is all? The bonding issue is in this special session – why extend additional lobbying beyond that? Administrator Cammilleri said a cancellation component is unknown. He is not sure if the contract could be cancelled if the projects are not awarded funding. March 15, 2022 Scandia City Council Page 9 of 10 Cammilleri said the lobbying costs for the Bliss project will come out of the sewer fund. It would be worthy to pursue a lobbyist because there are options other than the bonding bill, such as the MN Small Cities Association. Herman added that a lobbyist will pursue other avenues of funding. Council member Benson said she would like to cancel the contact after four months if funding is not awarded. Cammilleri said four months may not be sufficient, as it could be a long session. Maefsky noted that a lobbyist will be working on other efforts outside of the session, Council member Kronmiller said Strusinski is very good at his job and sees this as a good partnership. Kronmiller suggested lobbying costs be built into future budgets. Cammilleri said the current budget has capacity in the general and sewer funds, and an installment arrangement can absorb these costs. If needed, the sewer fund could arrange payback installments from the general fund. Ray, second by Kronmiller, moved to approve the proposal from Libby Law Office for lobbying fees of $36,000 with the sewer portion paid by the sewer fund. Motion carried 5-0 by roll call vote. Approve Contract with MSA for the Parks and Open Space Comprehensive Plan At their March 2nd Work Session, the Council awarded the Parks and Open Space Comprehensive Master Plan project to MSA. Administrator Cammilleri and Chris Janson are working on a contract that defines the project understanding and project approach, at a lump sum of $15,000. Janson joined the meeting virtually and explained the firm added a crowdsource mapping component to gather public input, an expansion from what was offered in the proposal. Staff is working on details of the contract to be presented at the next work session. DISCUSSION ON 2022 ANNUAL OPERATING PERMIT FOR THE MARTIN MARIETTA (FORMERLY TILLER CORPORATION) SCANDIA MINE. RESOLUTION NO. 2022-14 Planner Monson explained the review procedure for the 2022 Annual Operating Permit for the Scandia Mine operated by Tiller Corporation, a Martin Marrieta company. Staff reviewed the past year’s activity, which had an increase in material removed from the site due to higher market demand for product. This year’s application proposes similar mining and processing. Groundwater data was reviewed by consultant Dave Hume, LRE Water, who recommended short-term water monitoring plan be developed. No concerns for renewing the AOP were noted in regards to groundwater quality and quantity. A resolution was prepared with conditions of approval similar to previous years, with language added as recommended by Hume. Council member Ray asked if approval does not include increased water appropriation from Tiller. Last year, Tiller submitted a request to the DNR to increase their water appropriation permit from 20 million gallons per year to 30 mgy. Administrator Cammilleri explained that the city does not have jurisdictional authority here, but can require additional testing and monitoring as is done with the added condition for a short-term water monitoring plan. This will help confirm the aquifer recovers to pre-pumping water levels in the production and observation wells following periods of high use. The water appropriation request has not yet been reviewed by the DNR, and the city’s official position is opposed to the request. Cammilleri said the city can only March 15, 2022 Scandia City Council Page 10 of 10 oppose, but not say no. Appropriate monitoring will document the effects if the DNR allows an increase in water appropriation. Cammilleri said the consultant and Watershed have worked closely on this permit review. Council member Ray asked about the water level in Lindell’s pond. Staff explained that the Watershed investigated; his adjacent pond is dry for a variety of reasons, not just pumping from the Tiller mine. There has been a decrease in water table levels over past years as a result of local and regional changes in precipitation, but not attributable to this operation. It was noted that Tiller operated not anywhere near the water appropriation limit set by the DNR, and did not excavate into the groundwater in 2021. Christina Morrison, Tiller Environmental Engineer, addressed the Council, agreeing with the recommendation from the consultant to provide water monitoring data from the aquifer. Morrison requested language be added that the plan “shall be developed by Tiller and approved by the City” to identify who is putting the plan together. Morrison reasoned that this condition in no way suggests support for increased appropriation, but provides relevant water level data. Staff noted that this condition in the staff report did not make it into the resolution prepared for the meeting. Council member Ray asked if opposition language can be added. Cammilleri explained that Tiller does not object to the added language, and approving the AOP does not mean support for water appropriation, a request that is outside of the city’s jurisdiction. Morrison stated that the DNR may not respond until June. Kronmiller, second by Benson, moved to adopt Resolution No. 2022-14 with addition of 5.a) short term water monitoring plan be developed per the recommendation from LRE. Motion carried 5-0 by roll call vote. ADJOURNMENT Ray, second by Benson, moved to adjourn the meeting. Motion carried 5-0 by roll call vote. The meeting adjourned at 10:05 p.m. Respectfully submitted, Brenda Eklund City Clerk