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10-18-2022 MeetingOctober 18, 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 7:02 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 reported on police activity. Engine braking issues are being addressed, with Boesel saying the message is being heard by semi -truck drivers that this practice is not allowed in Scandia. Construction traffic complaints on Olinda and Manning has ceased now that the road projects are completed. Council member Ray commented on the statistics report that total police incidents are down compared to 2021 and thanked Boesel for his good work. PUBLIC FORUM No public comments were made. Scandia Good Neighbor Proclamation Michelle McCarty, nominated by Deputy Boesel, was presented with a Scandia Good Neighbor Proclamation for her lifesaving assistance to a medical emergency. Fire Chief Mike Hinz presented challenge coins Michelle and Chase McCarty. CONSENT AGENDA a) Minutes 1) September 20, 2022 Special Meeting 2) September 20, 2022 Regular Meeting 3) October 5, 2022 Work Session b) Treasurer's Report c) Payment of Vouchers d) Approve the hiring of Mark Michalski - Volunteer Probationary Firefighter Ray, second by Benson, moved to approve the Consent Agenda as presented. Motion carried 5-0. PARK AND RECREATION COMMITTEE Council member Ray reported on the committee's last meeting. Midco presented checks to the school and the student winners of the writing contest that was part of Midco Days. The Committee continues to work with MSA on the parks master plan; a community open house will October 18, 2022 Scandia City Council Page 2 of 6 be held on October 19th. The Committee is also working on Vinterfest 2023 activities, the Tomteskogen Park artist stones promotion, and a Lilliskogen Park dinner event as a fundraiser. PLANNING COMMISSION Variances from setback requirements for a detached garage and for an addition onto an existing structure at 16955197th Street North. Melinda Maher, Applicant. CC Resolution No. 2022-34 Planner Monson presented the recommendation from the Planning Commission to approve variances to remodel and construct an addition onto an existing nonconforming cabin, and to construct a detached accessory structure within required setbacks of wetlands and the St. Croix River at 16955 197th Street. Monson explained that the cabin is currently within the required setbacks of the river, as well as a nearby wetland and the north side property line. The proposed improvements were reviewed by National Parks Service, which found the submitted plans to be in compliance with the scenic easement on the property. Monson reported that staff initially recommended to deny the garage, but the Planning Commission ultimately found findings of approval based on challenges of the property. A resolution to approve the project was prepared with findings and conditions, including combining the separate parcels into one, comply with the Watershed permit, and submit a grading and tree replacement plan to the City Engineer. Council member Ray asked why the plans show a bathroom in the garage. Staff explained that the existing outhouse will be taken down, and this will be a second bathroom for use by visitors to the small cabin. Ray, second by Benson, moved to adopt Resolution No. 2022-34, Approving Variances for 16955197 th Street North. Motion carried 5-0. Request from Shannon Mulvehill for a Variance Extension to construct a garage at 19235 Larkspur Avenue North Planner Monson explained that the City approved a variance request back in February of 2018 for the construction of a detached garage within the required setbacks from the bluff line, right- of-way, and side property line of 19235 Larkspur Avenue North. The applicant was unable to construct the garage within a year of approval, and was granted a one-year extension to February of 2020. A second, three-year extension was approved by the City Council to allow the applicant until February of 2023 to begin construction on the proposed project. Citing supply chain issues caused by the Covid-19 pandemic, and other challenges, the applicant is requesting an additional extension. Monson reported that the Planning Commission recommended the variance be extended until June 30, 2024. Benson, second by Ray, moved to extend the variance until June 30, 2024. Motion carried 5-0. October 18, 2022 Scandia City Council Page 3 of 6 Final Plat for a Major Subdivision for Tii Gavo 2nd Addition. Applicant Jaren Johnson. Resolution No. 2022-35 The preliminary plat for the Tii Gavo 2nd Addition, creating 8 new lots on the existing Tii Gavo subdivision outlots, was approved by the Planning Commission and City Council in August 2022. Planner Monson reported that staff reviewed final plat submissions from developer Jaren Johnson, and recommends approval with findings and conditions presented in a resolution. A development agreement between the applicant and the city is proposed for the November 15th Council meeting, to ensure proper construction of the subdivision with financial guarantees. City Attorney Nelson said the draft is based on the 2007 agreement with updates to the original, and recommended an added condition to the resolution that no permits may be issued until the Development Agreement is approved by the city and financial guarantees are in place. Ray, second by Kronmiller, moved to adopt Resolution No. 2022-35, Approving the Tii Gavo 2nd Addition Final Plat, with the additional condition as recommended by City Attorney Nelson. Motion carried 5-0. SCANDIA INTERNET ACTION COMMITTEE There was no September meeting of the Internet Action Committee. Administrator Cammilleri stated that they will meet in November after publication of the FCC mapping for internet buildout is released. TOURISM COMMITTEE Tourism Chair Sue Dickens was absent. The minutes from the September 27, 2022 meeting were in the packet. Mayor Maefsky questioned the allocation of funds for Shrpa and the ice sculpture. Administrator Cammilleri explained the EDA has allocated the funds, but will be up to the committee to proceed. ECONOMIC DEVELOPMENT AUTHORITY Council member Benson reported on the October 17th meeting of the EDA. A business breakfast meeting will be held on November 16th. The EDA is finalizing the terms of the facade loan program, to be presented to the Council at a future meeting. WASTEWATER COMMITTEE The Wastewater Committee met on October 12, 2022. Council member Kronmiller reported discussion of Uptown fee increases and trying to minimize business impacts, and Big Marine Sewer rate increases. An upcoming meeting will continue the discussion, with a recommendation on new rates presented at a future Council meeting. Council member Ray asked about the needed updates to Tii Gavo and Wyldewood Acre community septic systems. Administrator Cammilleri said these systems need extensive updates similar to the City's Bliss Sewer System, and the HOA's are unsure how they will cover the costs. Cammilleri said it is the City's role to help them find the resources in this process. SISTER CITY COMMITTEE Council member Ray reported that the Sister City Committee raised $4,176.96 for Ukrainian refugees taken in by Sister City Mellerud, Sweden. The Committee is planning a virtual meeting October 18, 2022 Scandia City Council Page 4 of 6 next week with the Mellerud committee. Connections have been made with fishing and photography interest groups, and the Committee is looking into a visitor exchange program. Highway signs with the Sister City designation went up last month on MnDOT roadways. Surrounding towns with Sister City connections are being invited to the Committee's November meetings. BUILDING OFFICIAL The September building activity report was received from Building Official Joel Hoistad. Last month 23 permits were issued at a valuation of $228,907.00. Council member Ray said that staff found an error in net income on the monthly report, and is working with Hugo staff to correct this. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department's September activity. Last month the department responded to 17 calls; 3 fire, and 14 medicals. The Fire Prevention Open House had a great turnout last week. The department is hosting the October 31' Safe Halloween event with assistance from the Lions Club. CITY ENGINEER Engineering Updates City Engineer Goodman provided a written report on engineering updates. 2022 Street Improvement Project — Contractor's Request for Payment No. 3 Benson, second by Kronmiller, moved to approve the Contractor's Request for Payment No. 3 and pay $ $148,232.94 to Astech Surface Technologies Corporation. Motion carried 5-0. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported on the department activities. Patching, shouldering work, street sweeping by the County is being done this fall. The concrete work for the new playground is finished; staff did grading and excavating to prepare the site for new equipment in the spring. The Kubota mower had major breakdown repair; staff is recommending moving its replacement up one year in the CIP. CITY ADMINISTRATOR Administrator Cammilleri reported on general updates. Property owners are being contacted to acquire easements for improvements in water flow for the Bliss Addition and Stormwater Improvement Project. The Gateway Trail grant is included in the LCCMR recommendation to receive over 2 million dollars in funding to complete a segment of the trail; this grant recommendation needs legislative approval next year. A candidate forum will be held at the Community Center on October 25th at 6:30pm and streamed on the city's Boxcast channel. Cammilleri encouraged the Council to complete the County's All -Hazard Mitigation Plan online survey for its 2022-2023 update. Mayor Maefsky said the city website calendar should be more user friendly, and directed staff to research improvements. Administrator Cammilleri explained that the full calendar lists all October 18, 2022 Scandia City Council Page 5 of 6 reserved events, and descriptions are not meant to promote an event but rather show availability for users. CONSIDERATION AND SELECTION OF A FIRM FOR ON-CALL PLANNING SERVICES The Council issued an RFP for On -Call Planning Services in August 2022. Four firms were interviewed at the October 5th Work Session: • Bolton & Menk •TKDA • WSB • Swanson Haskamp Consulting Administrator Cammilleri provided a memo to summarize key points of comparison and scoring based on the RFP criteria as a tool to evaluate the firms, and directed the Council to consider what is best for the community. Council member Ray said she is impressed with WSB, with SHC being her second choice. Council member Kronmiller said SHC worked on the new development code and will understand it the best. J Council member Cusick said he likes TKDA, with the Planner doing a good job on the reports. Mayor Maefsky said the City worked with Bolton & Menk on the 2040 Comp Plan, and they have a good understanding of Scandia. Administrator Cammilleri said that if the firm selected is not current Planning Service TKDA, a transition to a new firm should start next year, to allow time for the Planner to wrap up existing projects. Ray, second by Kronmiller, moved to hire SHC as the Planning Service. Motion failed 2-2 with Benson and Cusick voting no. Benson, second by Maefsky, moved to hire Bolton & Menk as the Planning Service. Motion carried 5-0. DISCUSSION ON RESIDENTIAL SOLAR CAPACITY IN SCANDIA Council member Ray said she was contacted by a resident that there are capacity issues with Xcel's feeder substations which is limiting residential solar projects in Scandia. Resident Mark Porubcansky addressed the Council and explained that he applied with a solar developer for rooftop panels in March, and has been told there are 16 projects ahead of his, with a possible wait of over 10 years. Ray said she is concerned that projects are postponed and costly, and recommended letters be sent to Xcel executives to insist on a response within 30 days with a map showing how many October 18, 2022 Scandia City Council Page 6 of 6 Scandia homes are affected by the full capacity substation, and what Xcel plans to do to add capacity. Administrator Cammilleri recommended the City reach out to the company's government relations staff, or prepare a resolution which could be more forceful. Mayor Maefsky said there is no reason to not to send this letter. If a response to the letter isn't made, then other measures to get the information will be used. Maefsky, second by Kronmiller moved to send Xcel executives a letter asking for support for Scandia residential solar projects. Motion carried 5-0. CONSENT TO NOT WAIVE STATUTORY TORT LIABILITY LIMITS City Administrator explained that the Council must decide annually on tort liability limits. If the City does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim, and the total all claimants could recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. If waived, there can be no limit on damages if sued. Attorney Nelson advised that most all cities have a policy choice to not waive the statutory tort limits Benson, second by Kronmiller, moved to not waive statutory tort limits Motion carried 5-0. RESOLUTION 2022-36 TERMINATING THE DECLARED LOCAL EMERGENCY At the last meeting, the Council directed staff to prepare a resolution terminating the local emergency, declared in March 2020. Administrator Cammilleri said other agencies have lifted this useful tool, but for the purpose of Covid is no longer justified. Ray, second by Benson, moved to adopt Resolution No. 2022-36, Terminating the Declared Local Emergence. Motion carried 5-0. CLOSED SESSION Mayor Maefsky announced that the City Council will go into Closed Session pursuant to Minnesota Statutes § 13D.05, subdivision 3(a), to evaluate the performance of the City Administrator. The Council took a brief recess at 8:30 p.m. Respectfully submitted, Brenda Eklund, City Clerk