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06.a2 Draft minutes 01-17-2023 Council Meeting January 17, 2023 A regular meeting of the Scandia City Council was held on the above date in the Council Chambers 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, Mike Lubke, and Mayor Christine Maefsky. Staff present: Interim City Administrator Anne Hurlburt, City Attorney Kevin Sandstrom, City Planner TJ Hofer, City Engineer Ryan Goodman (arrived 7:45p.m.), Deputy Zach Boesel, Fire Chief Mike Hinz, Public Works Director Charles Fischer, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Benson, second by Kronmiller, moved to approve the agenda as presented. Motion carried 5-0. LAW ENFORCEMENT REPORT Deputy Boesel reported on police activity within the past month. A recent incident at the Elementary School had a safe and quick resolution. The call volume to a for-profit group home continues to increase, now with assaultive behavior by a client. Boesel said he is working with city staff and the group home company manager to mitigate the number of calls that have been taking considerable time and resources. Deputy Boesel said his schedule has him on-duty for the City’s Vinterfest event on February 4th, and he recommended having an off-duty officer present as well during the evening, as last year’s hockey tournament had multiple fights occurring. Boesel said it’s not uncommon to have disturbances, but an extra police presence would be beneficial. Mayor Maefsky proposed that an extra officer be present, and said she will talk to Scot Taylor who is operating Meister’s beer tent about hiring an off-duty officer. PUBLIC FORUM No public comments were made. Scandia Good Neighbor Proclamation – Darlene Holtgreve Local resident Darlene Holtgreve was awarded a Scandia Good Neighbor Proclamation for her generous contributions as a volunteer on the Scandia/Mellerud Sister City Committee. CONSENT AGENDA a) Minutes 1) December 20, 2022 Regular Meeting 2) January 4, 2023 Work Session b) Treasurer’s Report c) Payment of Vouchers d) Resolution No. 2023-02 Designating Depositories of City Funds for 2023 e) Resolution No. 2023-03 Ratifying Surety and Blanket Bonds January 17, 2023 Scandia City Council Page 2 of 9 f) Approve Temporary Off-Premise Sales Liquor License for Vinterfest (February 4, 2023), Meister’s Bar & Grill g) Resolution No. 2023-04, Accepting Donation from Scandia Marine Lions Club for Vinterfest Fireworks h) Temporary On-Sale Liquor License, Scandia Fire & Rescue Relief Association (February 25, 2023) i) Approve 2023 Fee Schedule for Planning Services, Bolton & Menk j) Approve Termination of Seasonal Rink Maintenance Worker k) Approve Request to waive fireworks permit application fee for Vinterfest Benson, second by Cusick, moved to approve the Consent Agenda as presented. Motion carried 5-0. PARK AND RECREATION COMMITTEE PRC Chair Terry Gorham reported on the Vinterfest activities planned for February 4th. A treasure hunt, crafts, Kuub games, and a raptor demonstration are planned in cooperation with the Gammelgarden Museum. Elim Church is holding a chili cook-off. A pancake breakfast, food trucks, snow sculpting contest, beanbag games, the Minnesotan Cup hockey tournament all day on the rink, and evening fireworks will be on the Community Center grounds. Gorham credited PRC Co-Chair Greg Zauner for organizing the events. PLANNING COMMISSION Rezoning (OS-PUD) and Preliminary Plat Applications for Rolling Acres 61, an Open Space Conservation / Planned Unit Development Subdivision of 61 Acres/ 7 Lots at Parcel ID 30.032.20.22.0004 (near Keystone Avenue and 199th Street). Grandemoore Homes, Applicant. (Ordinance No. 2023-02, Resolution. No. 2023-05 and Resolution No. 2023-06) Planner Hofer presented the request to rezone and develop 61-acres of land into 7 single-family lots with 2 outlots at PID 30.032.20.22.0004. The Rolling Acres 61 subdivision would be developed as an open space conservation development permitted through the Open Space- Planned Unit Development standards of the city’s Unified Development Code. The existing Ag Core zoning must be rezoned to OS-PUD, which allows flexibility from the base zoning standards. Hofer explained that the developer proposes to preserve 40.74 acres as natural open space and ag farmland, and requested a density bonus of 75%. Planner Hofer evaluated the standards to consider in a rezoning, and explained that the request meets the standards, with no plans for future development on the property. Hofer recommended the city take ownership of Outlot B as the best option for long-term maintenance of the stormwater pond. The Preliminary Plat was described – Outlot A will remain undeveloped, with a recommendation to widen the Outlot A access to 60-feet for potential future ROW use. Outlot B would contain the stormwater facilities for the site. A new road will serve the subdivision shown as 198th Street on the plat. A condition of approval stated that the application must comply with the comments provided by Washington County where it intersects with Keystone Avenue. January 17, 2023 Scandia City Council Page 3 of 9 Planner Hofer stated that parkland dedication can be determined during the final plat phase. The Planning Commission held a public hearing on the application at their meeting on December 6, 2022 and recommended approval. After further staff review, numerous issues were identified that needed to be addressed. These issues were analyzed and Planner Hofer said staff is recommending approval with conditions presented in a resolution and ordinance for the rezoning and a resolution for approval of the preliminary plat. Todd McLouth, Loucks Engineering, addressed the Council and said that he appreciated the extra staff review, but needs to address the 60-foot ROW condition. He said the property is being zoned to preserve open space and existing ag land and will remain undeveloped, but this condition seems a reversal from staff to preserve a corridor for future lots. Neither the owner nor the developer wants a road easement for future development. Administrator Hurlburt said this issue was raised with the Planning Commission. The plat shows a 30-foot strip for access to land being used for ag use on Outlot A. Sometime in the future zoning may change, and then the only access to Outlot A is the narrow strip. If it becomes necessary to extend access to Outlot A, a 60-foot easement would make it possible to support a road in the future. This would not be a dedicated ROW for setbacks, but for a future road. Kimberly Reese, property owner, addressed the Council and explained that Outlot A will be a conservation plot for open space with no plans for future development. Her family will be owners of the 3 adjacent lots to the outlot and retain ownership of Outlot A; it will not be for public use. Planner Hofer said there is a proposed stormwater pond on Outlot A, which will need an easement between two lots for access. The MN Land Trust does not accept land with utility easements on it, a topic of discussion for the final plat development. Doug Schultz, Grandemoore Homes developer, said the intent is not to develop this outlot. A 30- foot easement makes it hard to sell for future development anyway. The owner’s intention is to keep it in farmland to be accessed by a 30-foot easement. Council discussed the staff’s recommendation for a 60-foot easement. Council member Benson noted that if the parcel is landlocked, it cannot be built on in the future and the owner can make the choice to keep it landlocked and from being developed. Mayor Maefsky questioned why the conservation easement is not considered permanent, saying if the Comp Plan changes in the future, the city’s decisions now can influence what the city can do in the future. Council member Cusick said the developer is getting bonus lots for preserving land, so why is there a concern about future development? Benson, second by Kronmiller, moved to approve Resolution No. 2023-05, Approving Preliminary Plat for a Major Subdivision for “Rolling Acres 61” located at Parcel ID 30.032.20.22.0004. Motion carried 5-0. Benson, second by Cusick, moved to adopt Resolution No. 2023-06, Approving Findings of Fact for Rezoning Parcel ID 30.032.20.22.0004, with an amendment to remove the last January 17, 2023 Scandia City Council Page 4 of 9 sentence of Finding #3 that refers to widening the Outlot A access and keeping it at a 30- foot width. Motion carried 5-0. Benson, second by Kronmiller, moved to adopt Ordinance No. 2023-02, Amending the Official Zoning Map to Rezone PID 30.032.20.22.0004 from Agricultural Core to Open Space Conservation Planned Unit Development. Motion carried 5-0. SCANDIA INTERNET ACTION COMMITTEE Council member Kronmiller reported on the December 15, 2022 meeting of the Internet Action Committee. They discussed the Minnesota Long Driveway Grant, a funding opportunity by the state for internet service extension on long driveways, with grant awards being announced in May 2023. Kronmiller recommended this be publicized on city’s website. The next meeting of the IAC is scheduled for February 16, 2023. TOURISM COMMITTEE The Tourism Committee did not meet in December. ECONOMIC DEVELOPMENT AUTHORITY Council member Benson reported on the January 9, 2023 EDA meeting. At that meeting, Benson announced her resignation from the EDA, but it came to staff attention that the EDA bylaws require that two council members serve on the EDA Board. Benson will continue on the EDA Board until changes to the bylaws are further researched. Administrator Hurlburt noted that she will be meeting with EDA President Greg Amundson to go over the bylaws for any potential updates. WASTEWATER COMMITTEE The Wastewater Committee did not meet in December. SISTER CITY COMMITTEE The Sister City Committee met on December 28, 2022. Co-chair Lynne Moratzka was present to announce that the committee has created a Facebook page for the Sister Cities, where videos can be posted to strengthen a long-distance relationship with Mellerud, Sweden. The Committee collected $5,000 which was sent to Mellerud and used to purchase a generator for families living in war-torn Ukraine. The first-year Sister City Anniversary Event will be held at the Scandia Community Center on Thursday, April 20 and 11:00 am. The program will be similar to last year’s successful signing ceremony event. BUILDING OFFICIAL The December building activity report was in the meeting packet. In December, 10 permits were issued at a valuation of $1,005,309.50. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department’s December activity. Last month the department responded to 21 calls; 8 fire, and 13 medicals. Next month Hinz will provide an annual summary of calls, including ambulance service. Hinz noted the year ended with an overall call volume increase of 13% over 2021, a trend seen in fire and rescue departments across the metro area. January 17, 2023 Scandia City Council Page 5 of 9 CITY ENGINEER Engineering Updates City Engineer Goodman provided a report on engineering activities. The bid opening for the 2023 Street Improvement Project is scheduled for January 25th. On behalf of Bolton &Menk, Goodman will be awarding medals and cash prizes for the Vinterfest snow sculpture contest. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported on the department activities. They have been busy with snow and ice control on the roads; rink maintenance has been a challenge with snow and warming temperatures, with staff working to get the skating rink back in shape. The Council Chambers redo has been completed. The streetlights on Oakhill Road will be repaired, once snow removal assistance from Washington County occurs within the next 2-3 weeks. CITY ADMINISTRATOR Interim Administrator Hurlburt reported on general updates provided in a staff memo. Washington County has scheduled the Local Board of Appeal and Equalization for Scandia to be on April 17, 2023 from 5-6 pm. Update, Trash and Recycling Services At the January 4th Work Session, the Council gave staff direction to work on an organized collection system for the city. Administrator Hurlburt reported that she talked with Washington County staff and Foth Consulting, with plans to bring a proposal to the February 1st work session and begin the process of the 60-day negotiating period with the current hauler. A committee will need to be created to research an ordinance. The County will provide assistance to develop an ordinance, but not cover the costs for committee support. Hurlburt recommended an outside contract with Foth Consulting to facilitate the committee throughout the process, and will bring forward a quote at a future meeting. City Administrator Search: Set Special Meetings for Selection of Finalists and Interviews Advertising for the City Administrator position began at the end of December, with an application deadline of January 31, 2023. The city’s consultant (Charlene Stevens, GovHRusa) will review and evaluate the applications and recommend possible finalists for Council selection at a February 21st Special Meeting just prior to the regular meeting. The Council agreed on the date of March 10th to interview the finalist candidates. Hurlburt will check with Ms. Stevens to confirm the date. INTERIM USE PERMIT FOR ADDITIONAL ANIMAL UNITS AT 16315 209TH STREET NORTH. CORREY AND MICHELLE LORENZ, APPLICANTS. (TABLED FROM DECEMBER 20, 2022 MEETING) (RESOLUTION NO. 2023-07) At their meeting on December 20, 2022, the Council tabled a request from Correy and Michelle Lorenz for an Interim Use Permit for additional animal units on their property at 16315 209th Street, zoned Rural Residential - General. The Planning Commission held a public hearing on December 6, 2022 and recommended approval for a 3-year IUP for up to 20 cattle. Council directed staff was directed to work with the applicants on a revised request. January 17, 2023 Scandia City Council Page 6 of 9 Planner Hofer met with the applicants and discussed total animal units that could be allowed on the 6.15-acre property with an IUP. They currently have 2.1 animal units with calves and swine on the site. The UDC permits up to 3 animal units for a property this size. Hofer explained that the proposed use to raise beef cattle from calves to slaughter by a cyclical process could be accomplished with an allowed animal unit maximum anywhere between 13 and 15 animal units with conditions. A table was provided in the staff report with the proposed animal units. Table 2: Proposed Conditions: Maximum Operational Animal Units Animal Type Number of Animal Animal Unit Total Animal Unit Calves, 150 lbs or less 9 150/1000 or 0.15 1.35 Slaughter Cattle 9 1 9 Swine, over 55 lbs 5 0.4 2 Total 12.35 animal units Hofer explained that a manure management plan was provided by the applicants. They are proposing to have a 10’ x 10’ manure storage area on the site, with plans to sell or give away the excess to be spread on a neighbor’s farm fields as fertilizer. Features of the property would not cause concern for groundwater contamination. Hofer explained the UDC’s criteria to evaluate an IUP. Certain aspects of the manure could impact neighbors, but a plan was provided. Raising livestock is consistent with ag use zoning. Hofer concluded that the use meets the general and specific performance standards of the UDC and the goals of the comp plan. Hofer explained that the UDC does not establish a standard for a maximum number of animal units, but does allow for an IUP for additional animal units. Hofer reported that the Planning Commission recommended the IUP terminate at 3 years, at which point the applicants would reapply and allow the city to evaluate how the use is performing. With the cyclical nature of raising the cattle for slaughter, up to nine cattle could be on the property at one time. Planner Hofer explained that he prepared resolutions for two options; to either deny the request with findings or to approve the IUP with conditions and allow up to maximum of 15 animal units. Hofer said that up to 15 animal units will provide a buffer in the event short-term conditions of the operation result in more than the planned 12.35 animal units. Correy and Michelle Lorenz addressed the Council and said they appreciated the meeting with staff, and that the Council chose not to deny their request last month but tabled it instead. Kronmiller questioned Planner Hofer’s guidance to not make a decision solely on animal units. Hofer said that the UDC does not currently have a standard that would make a determination on maximum units allowed on a site through an IUP. To deny, the Council would need to make January 17, 2023 Scandia City Council Page 7 of 9 findings that the use does not meet a standard in the ordinance. A denial should rather be based on circumstances of the property instead in order to make a reasonable conclusion. The Council discussed their concerns with the manure volume and requested a more formal manure management plan. Mayor Maefsky said she has concerns that if approved to go over the allowed number of animals, this could open up requests for additional properties to exceed animal units. Staff proposed setting conditions on manure management and establish a way to deal with accumulation. If the accumulation exceeds an allowed amount of what is contained in a 10’ by 10’ area and not removed, the City can use the process to enforce the conditions or revoke the IUP. Council member Benson stated that the IUP analyzes what can be allowed by meeting criteria. Administrator Hurlburt noted that everyone’s land is different and a request such as this would be analyzed differently based on the circumstances. This IUP process allows discretion and flexibility in the analysis; this is a feature of the code in that the property owners are applying for an IUP and have a right to ask for flexibility if the standards are met. Mayor Maefsky said she needs to see a more detailed manure management plan including over the winter months, a guaranteed commitment to removing it, and to look at lowering the number of animal units to 11. Maefsky said there should be a clear plan for who will remove manure from the site, what happens in wintertime, and an analysis of the volume generated in how much time. Administrator Hurlburt recommended bringing a final resolution of approval to the February 1st Work Session for approval with these changes. Council member Cusick said he has other concerns that could generate complaints, such as noise, and truck traffic. Administrator Hurlburt said that odors was a concern from neighbors as related to accumulated manure. The property is along State Highway 95 which generates far more traffic noise than the operation would. Maefsky, second by Kronmiller, moved to direct staff to prepare a resolution to approve an IUP with conditions addressing a manure management plan for review at a future meeting. Motion carried 5-0. MEMORANDUM OF UNDERSTANDING (MOU) WITH CARNELIAN MARINE ST. CROIX WATERSHED DISTRICT FOR BLISS ADDITION STORMWATER MANAGEMENT RETROFIT PROJECT Carnelian-Marine-St. Croix Watershed Administrator Mike Isensee joined the meeting on Zoom to report that the Bliss Addition Stormwater Management Project is close to having final plans for the engineering review. The Watershed has approved putting the project out for bids on January 25th. This is the culmination of a study completed in 2019 for water quality improvements to Big Marine Lake, which was awarded a Clean Water Grant in 2022 to treat stormwater flowing into the lake to reduce phosphorus loading. Water quality treatment practices January 17, 2023 Scandia City Council Page 8 of 9 will include enhanced ditches to infiltrate stormwater over 48 hours, and culvert replacement along Layton Avenue and 190th Street. Isensee explained the Memo of Understanding describing the grant and the costs to be split between the Watershed and the City, lays out maintenance of the basins, installation of vegetation and repair to areas of erosion where needed. Isensee stated that the Watershed is taking responsibility for establishment and maintenance the first 2 years, then passing it to the city to maintain. Public Works Director Fischer recommended contracting with the Washington Conservation District for the maintenance work, at roughly $1700/year, saying the WCD has the staffing and equipment for maintaining filtration basins. Staff recommend approval of MOU, with the City Engineer reviewing the final plans. Maefsky, second by Kronmiller, moved to approve the Memo of Understanding with the Carnelian-Marine-St. Croix Watershed District for the Bliss Addition Stormwater Management Retrofit Project. Motion carried 5-0. APPOINTMENTS TO ADVISORY COMMITTEES & COMMISSIONS (RECOMMENDATIONS FROM JANUARY 17, 2023 SPECIAL MEETING) At their special meeting conducted at 6:30 p.m., the Council interviewed one applicant to fill a vacancy on the Planning Commission. Benson, second by Lubke, moved to appoint Travis Loeffler to the Scandia Planning Commission. Motion carried 5-0. Mr. Loeffler’s 5-year term will begin on February 1, 2023 to February 1, 2028. DESIGNATE THE OFFICIAL NEWSPAPER FOR 2023 By state statute, municipalities must designate an official newspaper each year for the publication of legal notices. Clerk Eklund reported that bids were received from the Country Messenger and the Forest Lake Times, as presented in a staff report. Council member Kronmiller stated that the Country Messenger provided a lower cost and has higher circulation in Scandia. Kronmiller, second by Cusick, moved to designate the Country Messenger as the official newspaper for 2023. Motion carried 5-0. APPOINT ACTING MAYOR FOR 2023 Benson, second by Maefsky, nominated Council member Steve Kronmiller as Acting Mayor for 2023. Motion carried 5-0. January 17, 2023 Scandia City Council Page 9 of 9 CONSIDER ADJOURNING ALL COUNCIL MEETINGS BY 10:00 P.M. Following Council member Cusick’s suggestion at the last meeting to follow the City of Hugo’s ordinance to adjourn council meetings by 10:00 p.m., Administrator Hurlburt recommended a policy direction instead of an ordinance. This would be less costly and allow for flexibility. Benson, second by Cusick, moved to set a policy for City Council meetings to not go past 10:00 p.m. Motion carried 5-0. ADJOURNMENT Benson, second by Cusick, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:58 p.m. Respectfully submitted, Brenda Eklund City Clerk