Loading...
06.a1 Draft minutes 07-19-2022 Meeting July 19, 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. 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 Attorney Chris Nelson, City Planner Evan Monson, Deputy Zach Boesel, 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. LAW ENFORCEMENT REPORT Deputy Boesel provided a report on police activity. Boesel is working with County staff to address excessive calls from group homes. There was an isolated Code Red incident last evening; no threats to the public and all are safe. Boesel is coordinating the National Night Out event for August 2nd. A motorcycle rally hosted by Meisters was held over the weekend, with no issues or unusual speeds. Boesel is assisting with starting a neighborhood watch program with the Bliss neighborhood. Adopting the 2022 Proclamation for National Night Out -- August 2, 2022 Scandia will host National Night Out on the Community Center grounds on August 2nd. Benson, second by Ray, moved to adopt the 2022 Proclamation for National Night Out. Motion carried 5-0. PUBLIC FORUM Ellen St. Sauver, Oldfield Avenue, addressed the Council regarding the public access to Goose Lake, saying the Simpson’s bought Swenson’s property and have asked twice to vacate the public easement. St. Sauver asked that the easement be left the way it is right now, saying she borders the Simpson property where an alternate trail is proposed, and said she is not in favor of relocating the easement. Dean West, Lofton Avenue, presented a written request with resident signatures asking the city to mark the boundaries of the unopened Lake Lane easement to Bone Lake. Dean said the area residents would like to access the lake on foot and use the access to come ashore while out boating. They would like the city to mark the boundaries so as not to trespass on adjacent property, and to maintain access at the shore by clearing the vegetation. Mayor Maefsky directed staff to prepare a report for the next meeting so that the Council has a better understanding of the request. July 19, 2022 Scandia City Council Page 2 of 8 Scandia Good Neighbor Award – Scandia Fire and Rescue Department Mayor Maefsky presented Scandia Good Neighbor Proclamations to the Scandia Fire and Rescue Department and to its 25 volunteer firefighters, in recognition of their dedication and skills in serving the community. CONSENT AGENDA a) Minutes 1) June 21, 2022 Regular Meeting 2) July 6, Joint Meeting with Park and Recreation Committee 3) July 6, 2022 Work Session b) Treasurer’s Report c) Payment of Vouchers 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 member Ray, liaison to the PRC, reported that at the July 12th meeting the PRC discussed the memorial bench installation at Lilleskogen Park, ambassador reports, the pickleball tournament for Taco Daze, a community survey for the parks plan, a playground support letter for fundraising, the new Tomteskogen park at Bone Lake, and naming the Community Center playground. PLANNING COMMISSION Variances from the Development Code requirements to build a deck within the required 100- foot setback from Big Marine Lake, and within the required 20-foot side yard setbacks from the east and the west property lines at 12090 196th Street North. Applicant Greg Fernholz. Resolution No. 2022-25 Planner Monson presented the recommendation from the Planning Commission to approve variances at 12090 196th Street for the construction of a deck within setbacks. The deck would encroach into the 20 foot setbacks from the east and west side property lines, and into the 100- foot setback from Big Marine Lake, proposed as 47.6’ from the lake, 8.7’ from the west property line and 13.3’ from the east property line. Monson said the Commission found the request to meet the criteria to approve the variances. The legal non-conforming lot has little land located outside of setbacks, and the deck is modestly sized. Findings and conditions of approval were presented in a resolution. The applicant must construct the deck as shown on the submitted survey, obtain a Watershed permit, and pay all fees associated with the application. Council member Kronmiller questioned the finding that the proposal would not alter the character of the neighborhood. He said the adjoining homes are further set back from the lake, around 60’ to 80’ feet away, while this house with proposed deck encroaches closer to the lake. Kronmiller said if the city keeps allowing structures to get closer, others will follow. 100’ is the requirement – this could set up the city for more encroachment. They need to be careful in considering variances in order to protect water quality. July 19, 2022 Scandia City Council Page 3 of 8 Council member Ray asked about the DNR’s response. Planner Monson said that the DNR was sent a notice but no comments were received. Ray said she is concerned that the deck could be covered in the future, become living space, and then another deck added onto that, saying she wants reassurance that could not happen. Administrator Cammilleri said that a building permit would be needed in order to cover the deck, which would be the opportunity to catch that. Council member Kronmiller said he would like to see past history of the residence, as part of the report. Administrator Camilleri reported no prior variances for this property are on file with city records. Mr. Fernholz addressed the Council and described the house to the right has just got a building permit, as well as on the other side with variances. Fernholz said his deck will not be much closer. He said he understands the concern to protect the water and will have an approved Watershed permit. Mayor Maefsky said if they begin to set boundaries, then they need to reevaluate the ordinance. If a variance is not changing neighborhood character, and the deck is in line with other structures along the lake, there is a problem with their evaluation. If they want to really say no to structures closer to the lake, they would need to say the city will not allow any variances from the minimum setbacks required. Maefsky said the city has the ordinance in order to consider each individual request. Council member Ray said there is not a big request here for the deck. Cusick, second by Ray, moved to adopt Resolution No. 2022-25, Approving Variances for 12090 196th Street North as presented. Motion carried 4-1, with Kronmiller opposed. Conditional Use Permit to expand an existing Local Solar Energy System (SES) to 1,296 square feet at 23290 Quentin Avenue North. Applicant Donna Pickard on behalf of property owners Randy & Kathy Ferrin. Resolution No. 2022-26 Planner Monson presented the recommendation from the Planning Commission to approve a Conditional Use Permit to expand an existing residential (Local Solar Energy System) solar array system to a solar panel footprint of 1,296 square feet at 23290 Quentin Avenue North. The ordinance allows an 800 square feet footprint, with allowance for a CUP for a larger footprint. Findings and conditions of approval were presented in a resolution. The Commission added a finding that the existing vegetative screening be maintained. Conditions of approval included that the applicant adhere to the zoning code requirements for a local SES, and obtain all other permits. Council member Ray said she likes the request as being good for the environment. Council member Benson asked what uses the additional solar panels will serve. Monson explained the applicant will power a car charger and an outbuilding in addition to his residence. Mayor Maefsky said the 800 square foot limit in the ordinance was to set a reasonable size, but more solar power is needed in the wintertime. Maefsky said this is a reasonable request. July 19, 2022 Scandia City Council Page 4 of 8 Cusick, second by Ray, moved to adopt Resolution No. 2022-26, Approving a Conditional Use Permit for 23290 Quentin Avenue North as presented. Motion carried 5-0. Amendment to the Future Land Use Map to remove Mining Overlay designation from PID 17.032.20.21.0005. Applicant Michael LaBelle. Resolution No. 2022-27 Planner Monson presented the recommendation from the Planning Commission to approve an amendment to the future land use map to remove the mining overlay designation from PID 17.032.20.21.0005. The approximately 10-acre vacant lot is adjacent to the Tiller Mine on 218th Street, but outside the mining area. The applicant is looking to develop the property as a single- family residence in the future. In order to use the parcel for residential use, it must be rezoned out of the mining overlay. The first step in this process of rezoning is to amend the future land use map as an amendment to the 2040 Comp Plan. Planner Monson explained that the underlying zoning is General Rural. Martin Marietta, the gravel mine operator, responded that the parcel is not in future plans for mining. The site was reclaimed in 2014, then sold off. Monson said the Planning Commission found the request to be consistent with current zoning of nearby properties, and not in conflict with mining activities. Findings and conditions of approval were presented in a resolution. Administrator Cammilleri said there is buildable land outside of the reclamation area. The building permit process will review the land area for soil suitability. Cammilleri said he is not overly concerned that the site is unusable for development of single-family residential. This action will minimize future impacts to a non-conforming property by removing the mining overlay. Benson, second by Kronmiller, moved to adopt Resolution No. 2022-27, Approving an Amendment to the Future Land Use Map for PID 17.032.20.21.0005 as presented. Motion carried 5-0. SCANDIA INTERNET ACTION COMMITTEE Administrator Cammilleri provided a report from IAC Chair Bob Wilmers. Midco is on track with this year’s buildout project; the design is complete, materials ordered, a contractor scheduled for this fall, but there could be supply issues. Midco is reviewing the contract to address amendments, and the IAC is waiting to hear back. Cammilleri said a contract should be going to the Council shortly. Frontier Communications is interested in pursuing Border to Border broadband grants, but haven’t given specific Scandia areas. Frontier will be at the next IAC meeting. Council member Ray reported on Midco Days at the Farmers Market on August 31, where free bags will be distributed. A park picnic and children’s story walk with prizes are also planned. TOURISM COMMITTEE Tourism Chair Sue Dickens presented a report on Zoom. The Committee voted to ask the Council to budget funds in 2023 to develop a wayfinding sign master plan with MnDOT. July 19, 2022 Scandia City Council Page 5 of 8 The Committee is working on the holiday shopping extravaganza (November 27th) with a vendor fee of $25. The fee provides for stability from the vendors and to help pay for a food truck, in addition to advertising and signage costs. Benson, second by Ray, moved to approve a $25 vendor fee for the holiday shopping extravaganza. Motion carried 5-0. ECONOMIC DEVELOPMENT AUTHORITY The EDA did not meet in July. The next meeting is scheduled for August 8, 2022. WASTEWATER COMMITTEE No meeting was held in the past month. SISTER CITY COMMITTEE Council member Ray reported that the Sister City Committee is working on a promotion for the August 24th Farmers Market, to distribute hand painted tomte magnets. They are connecting with the Mellerud school and farms, and will be participating in the Taco Daze parade. The Committee is proposing a Zoom meeting with Mellerud officials in August. BUILDING OFFICIAL The June building activity report was received from Building Official Joel Hoistad. Last month 28 permits were issued at a valuation of $1,643,348.00. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department’s June activity. Last month the department responded to 22 calls (one cancelled); 2 fire, 19 medicals, no dive calls. Hinz said he is addressing the high volume of calls and excessive use of services to certain addresses, trying to alleviate this -- a growing issue this year. CITY ENGINEER Engineering Updates City Engineer Goodman provided a written engineering update. Construction of the road project on Melanie Trail and 238th Street started on Tuesday, June 28th. Base paving was completed on July 13-14th. The contractor plans to come back to the site in early August to complete work related to the no loss permit and to pave the wear course. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported on the department activities. Right-of-way mowing continues through the summer months. During the Melanie Trail reconstruction, extra reclamation material was hauled to Paris Avenue and its intersection with Pilar Road, raising the elevation of Paris Avenue where surface water can now be diverted off of the roadway. Crack sealing is underway by Nugent Sealcoating and about half of the scheduled work has been completed in the city. A Big Marine Sewer pump failed earlier this month and was fixed the same day. Brush was cleared by volunteers at Lilleskogen Park, and the chipped material was reused on the trail. The crew finished up the concrete bench pads for future memorial benches in the park. The a/v installation in the Council Chambers is waiting on equipment delivery. July 19, 2022 Scandia City Council Page 6 of 8 Approval of Outdoor Recreation Grant Contract In June, the DNR notified the City it had been awarded the Outdoor Recreation Grant for the construction of the playground at the Community Center in the amount of $112,500.00. The contract was reviewed by legal counsel and found to be in order for acceptance. Ray, second by Kronmiller, moved to approve Outdoor Recreation Grant Contract with the MN DNR for the replacement of playground equipment. Motion carried 5-0. Consider Road Striping Project Public Works Director Charles Fischer Public Works presented quotes for yellow line striping of the city roads, calculated at 39,520 linear feet of double yellow center line to be completed this year. With the use of an epoxy base material Public Works is planning a four-year cycle for reapplying center line markings. The Public Works Contractual Road Maintenance fund will be used to support the project. Fischer described the available options and quotes, and recommended Option 4: Options: Latex: least durable material Option 1: WarningLites $9,098.60 Option 2: LinesALot $10,432.80 Option 3: Miller $31,189 Epoxy: more durable material Option 4: LinesALot $22,234.40 Option 5: WarningLites $25,292.80 Ray, second by Kronmiller, moved to approve the quote for road striping from LinesALot in the amount of $22,234.40. Motion carried 5-0. CITY ADMINISTRATOR Administrator Cammilleri reported on general updates. Tech support for the server project is finalizing the move of the database from the old equipment to the new. The Bliss Stormwater project in partnership with Carnelian-Marine Watershed had a productive public meeting, and updated the design to address resident concerns. There was an unexpected development recently on this project – staff is not sure all elements of the project qualify for the grant funds, to address water quality only, such as the stormwater management elements. Staff is looking to introduce as many water quality improvements to the design as they can. Cammilleri said the lobbying efforts for the Gateway Trail Project grant request with LCCMR is looking to get support at the staff selection stage. Friends of Scandia Parks and Trails obtained a grant for invasive species work at Wind in the Pines. Staff will be meeting with them on a plan. Cammilleri stated that code enforcement has identified nuisance issues for corrections. CONSIDER APPROVAL OF A SPECIAL EVENT PERMIT FOR THE SCANDIA- MARINE LIONS CLUB TACO DAZE EVENT (SEPTEMBER 10, 2022) Lions member Lynnette Welsch presented the request for approval of a Special Event Permit for the annual Taco Daze community festival planned for September 10th. This year’s theme is Go Green, to show support for the environment. Last year, the City Council approved to reimburse the Lions for the cost of extra police deputies, trash and porta-potty services, up to $2,500. July 19, 2022 Scandia City Council Page 7 of 8 Kronmiller, second by Ray, moved to reimburse the Lions Club up to $2,500 for police, trash and porta-potty expenses for Taco Daze. Motion carried 5-0 by roll call vote. Ray, second by Kronmiller, moved to approve the Scandia-Marine Lions Club Special Event Permit for Taco Daze. Motion carried 5-0 by roll call vote. CONSIDERATION OF ISSUING A REQUEST FOR PROPOSALS (RFP) FOR PLANNING SERVICES Administrator Cammilleri explained that by request of the mayor, he prepared a draft Request for Proposals to solicit quotes for the city’s planning services. The city will be looking for competitive proposals based on criteria in the RFP. A tentative schedule allows for an appointment of planning services by October. Cammilleri stated that the city has been with TKDA for 20+ years. Kronmiller, second by Ray, moved to issue the Request for Proposals for planning services. Motion carried 5-0. DISCUSSION ON SHORT-TERM VACATION RENTALS Mayor Maefsky described communications she received from a resident concerned about short- term rentals in their area, resulting in loud noise, parking and other issues. Maefsky said she is aware there are STRs in Scandia and has only heard from this one complaint against. Maefsky asked if the issues can be addressed with existing ordinances, such as parking restrictions along the street. Administrator Cammilleri said it’s difficult to enforce parking, but the noise ordinance can enforce this issue. The council can consider some changes with a licensing program if they want to go this direction. He said the rental landlord can register with the city, and a license can be revoked if requirements are not followed, saying this is the better way to enforce STRs. A resident on Langly Avenue addressed the council and explained the loud weekend parties going on all year long. He said he knows of two homes being used, and possibly more. City Attorney Nelson said the city can put conditions on the rentals, but enforcement can still be difficult. The city can adopt penalties, and enforce the public nuisance ordinance with fines and potential misdemeanor charges. Mayor Maefsky said they should first try addressing the issues with the nuisance ordinance. Administrator Cammilleri noted that calls need to be made to the Sheriff’s Department and to document the disturbance as it is occurring. CONSIDER NOMINATION TO COMFORT LAKE-FOREST LAKE WATERSHED DISTRICT BOARD OF MANAGERS Ray, second by Maefsky, moved to recommend Chris Loth for re-appointment to the Comfort Lake-Forest Lake Watershed District. Motion carried 5-0. July 19, 2022 Scandia City Council Page 8 of 8 DISCUSS THE COLLECTION OF UNPAID ARREARS REGARDING CONDITIONAL USE PERMIT APPLICATION #2019-010. Administrator Cammilleri explained unpaid charges from a 2019 zoning application for Tii Gavo additional dock slips, totaling $4,044.02, and recommended a small claims submission to collect the charges. Ray, second by Benson, moved to file a claim in small claims court to collect unpaid arrears for zoning application #2019-010. Motion carried 5-0. ADJOURNMENT Benson, second by Ray, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:06 p.m. Respectfully submitted, Brenda Eklund, City Clerk