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02-21-2023 MeetingFebruary 21, 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 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 Eric Larson, City Planner TJ Hofer (remote), City Engineer Ryan Goodman, 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 provided a report on police activity over the past month. Boesel said it has been a fairly quiet month, but there continue to be concerns regarding the number of calls to a group home. A recent call resulted in a local responder being assaulted by a client at the home. Interim Administrator Hurlburt said that staff is working to find a resolution, with this topic on the March 1 st Work Session where staff will suggest actions to address the issue. PUBLIC FORUM No public comments were made. Scandia Good Neighbor Proclamation — Dolores Peterson Mayor Maefsky presented a posthumous Scandia Good Neighbor Proclamation to the family of Dolores Peterson, in honor of her service and dedication as New Scandia Township Clerk from 1974 to her retirement in 2006. Dolores was then elected to the first Scandia City Council in December 2006. Dolores passed away in 2019 at the age of 85. Maefsky, second by Benson, moved that a photo of Dolores Peterson hang in the Heritage Room of the Scandia Community Center in her honor. Motion carried 5-0. CONSENT AGENDA a) Minutes 1) January 17, 2023 Special Meeting 2) January 17, 2023 Regular Meeting 3) February 1, 2023 Work Session b) Treasurer's Report c) Payment of Vouchers d) Appointment of Planning Commission Chair and Vice -Chair e) Approve Washington County Historical Society Temporary Liquor License for Beer Tasting Event on June 17, 2023 February 21, 2023 Scandia City Council Page 2 of 7 f) Approve Scandia Farmers Market request to use the Community Center grounds for this season g) Adopt Resolution No. 02-21-23-01 Accepting Donation from the Scandia-Marine Lions Club for Community Center Playground Equipment h) Approve Mailing Postcards Publicizing Internet Line Extension Program i) Approve Park User Permit for Fastpitch Softball Tournament June 23-25, 2023 j) Approve Purchase of Replacement Mower for Parks/Public Works Grounds Care k) Approve Scandia Community Center Kitchen Rental Agreement for Gammelgarden Museum Activities 1) Approve Agreement with LRE Water for Review of Martin Marietta Gravel Mine Groundwater Monitoring Data Benson, second by Cusick, moved to approve the Consent Agenda as presented. Motion carried 5-0. PARK AND RECREATION COMMITTEE Park and Recreation Committee Vice Chair Greg Zauner reported on the Vinterfest event held February 4th. Activities were well attended. Over 150 Vinterfest buttons were distributed, with button donations bringing in $526. 2022 Annual Report The PRC 2022 Annual Report was provided to the Council in the meeting packet. Tai Chi course Zauner reported that the PRC is recommending approval to sponsor a Tai Chi class, taught by local resident Bill Jabas, at the Scandia Community Center. The 8 -week class will begin on May 3rd at a cost of $45 a person. Maefsky, second by Benson, moved to approve the Tai Chi class as recommended by the PRC. Motion carried 5-0. Install a Little Library at Lilleskogen Park Zauner presented the PRC recommendation to install a Little Library at Lilleskogen Park, to be donated and sponsored by the Marine Community Library. The library will be modeled after the Water Tower Barn. Incurred costs include the mounting post and identification tag, estimated to not exceed $150. Maefsky, second by Benson, moved to approve the installation of a Little Library stand at Lilleskogen Park. Motion carried 5-0. PLANNING COMMISSION The draft February 1, 2023 Planning Commission minutes were provided in the meeting packet. Council action was not required. SCANDIA INTERNET ACTION COMMITTEE The Internet Action Committee did not meet in February. February 21, 2023 Scandia City Council Page 3 of 7 TOURISM COMMITTEE Tourism Committee Chair Sue Dickens was virtually present on Zoom and reported on the Committee's planned activities. A community wide garage sale is being scheduled for June 1-3, with a food truck at the Community Center parking lot on June 3rd. The Committee plans to hold a press conference day -- an invitation to local press, chambers of commerce and tourism groups to learn about and promote Scandia events. Dickens is recruiting additional volunteers to serve on the Committee. ECONOMIC DEVELOPMENT AUTHORITY Recommended Changes to Scandia Economic Development Authority (EDA) Interim Administrator Hurlburt reported on the February 13, 2023 EDA meeting at which the Board discussed the future of the EDA. The Board came to the consensus that it is no longer necessary for the EDA to exist as a separate entity from the City Council, but rather the Council could serve as the Board. The Board reasoned that the Tourism and Parks committees carry out many of the activities to promote the city and can continue without a separate EDA. The Board recommended the Council provide sufficient funds in the city's budget to support these efforts. Hurlburt explained the EDA recommendation to modify or reconstitute the EDA will need the City Attorney to recommend the legal process by which to accomplish this change. City Attorney Larson stated that the EDA could convene at any point the city wanted to utilize the unique powers of the EDA, as the Council can act in its capacity as the EDA Board. EDA Board member and Council member Benson said they propose doing business breakfasts twice a year. Hurlburt recommended city staff could potentially take this on to organize and continue. Hurlburt stated that EDA President Greg Amundson indicated he would continue to work with Osceola Medical Center on their project for a new Scandia clinic. The next steps to develop a plan for a building would be taken on by staff as a development project. Benson added that Amundson has proposed starting his own business association as a way to continue the EDA's outreach to businesses. Maefsky, second by Benson, moved to direct the City Attorney to advise on this change to the EDA. Discussion: Council member Kronmiller, past EDA Board member, said the EDA had spent time working with the County EDA in locating areas of the city for business expansion, and even pursued working with a developer. Benson said without municipal water and sewer, the developer ended the proposal. Benson said that developers will continue to contact the City Administrator, and the EDA was not doing this work independently. Hurlburt agreed that those contacts will continue at the staff level. Maefsky called for a vote on the above motion. Motion carried 5-0. WASTEWATER COMMITTEE The Wastewater Committee did not meet in January. February 21, 2023 Scandia City Council Page 4 of 7 SISTER CITY COMMITTEE Sister City Committee member Patti Ray reported on the January 25th meeting conducted virtually with Mellerud, Sweden. The photo club connection is quite popular, with youth and adult clubs being formed. A group of 10 local residents will be traveling to Mellerud from June 26 to July 4, with the Committee inviting a group of Mellerud citizens to Scandia in September. The Committee raised funds to generously support Ukrainian refugees being hosted in Mellerud. Funding Request for Scandia's First Anniversary Celebration of the Sister City Charter Signing Ceremony on April 20, 2023 The first-year Sister City Anniversary Event will be held at the Scandia Community Center on Thursday, April 20 at 11:00 am. The program will be similar to last year's successful signing ceremony, with a Swedish Fika consisting of coffee cakes, cookies and rolls. Ray presented a request for $250 from the city to help fund the food purchases. Maefsky, second by Kronmiller, moved to fund the Sister City celebration in the amount of $250. Motion carried 5-0. BUILDING OFFICIAL The January building activity report was in the meeting packet. In January, 6 permits were issued at a valuation of $37,000. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department's January activity. Last month the department responded to 31 calls; 11 fire, 16 medicals, 1 dive call, and 3 cancelled calls. The Fireman's Ball fundraiser will be this Saturday, February 25th. Fire Chief Annual Report 2022 Fire Chief Hinz provided an annual summary of calls and noted the year ended with an overall call volume increase of 13% over 2021. This call increase has been a trend over the past several years. The department currently has 26 active members, with a goal of 30 members. Spring recruitment is underway. The department ended the year on -budget. Hinz explained the successful transition to M Health and its medical training, providing a savings of $4,000 a year. An M Health representative plans to attend the April Council meeting with a recap of their operations. CITY ENGINEER Engineering Updates City Engineer Goodman provided a report on engineering activities. Facility plans for the Bliss Drainfield System have been submitted to the MPCA. Washington County will be installing centerline mumble strips on Manning Avenue this summer. The Watershed is redesigning some of the Bliss Addition Stormwater plans due to utility conflicts. Award Contract for the 2023 Street Improvement Project Engineer Goodman reported the results of the bid opening for the 2023 Street Improvement Project held on January 25th. Bids came in $20,000 higher than the estimate, but some bid items may not have to be used depending on the road base. February 21, 2023 Scandia City Council Page 5 of 7 Contractor Asphalt Surface Technologies Corporation North Valley, Inc. Valley Paving, Inc. Park Construction Company Miller Excavating, Inc. Northwest Asphalt OMG Midwest Inc. dba Minnesota Paving & Materials Bituminous Roadways Inc. T.A. Schifsky & Sons, Inc. Base Bid $671,744.68 $687,868.40 $704,395.00 $709,204.90 $727,135.33 $760,061.48 $770,361.82 $815,951.60 $855,118.60 Goodman recommended the City award the project to the lowest bidder. Benson, second by Cusick, moved to award the 2023 Street Improvement Project to Asphalt Surface Technologies Corporation in the amount of $671,744.68. Motion carried 5- 0. Authorize Preparation of Plans and Specifications for the 2023 Crack Fill and Seal Coat Project Engineer Goodman presented a map showing locations of this year's crack fill and seal coat project. These roads were paved in 2015-16. The city has budgeted $183,000 for this project. Benson, second by Lubke, moved to authorize preparation of plans and specifications for the 2023 Crack Fill and Seal Coat Project. Motion carried 5-0. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported on the department activities. With a break from snow and ice control, staff had time to work on equipment maintenance projects and keeping up on daily tasks. Fischer said that staff is prepared for the heavy predicted snowfall over the next few days. CITY ATTORNEY Eric Larson, Eckberg Lammers law firm, introduced himself as the newly appointed attorney for Scandia. CITY ADMINISTRATOR Interim Administrator Hurlburt reported on general updates as provided in a staff memo. Staff met with a loss control representative from the League of MN Cities Insurance Trust; a follow-up letter was included in the meeting packet. The Parks Plan update is expected to be presented to the Council in May. Future Work Session topics will include trash and recycling updates, and group home public safety issues. INTERIM USE PERMIT FOR ADDITIONAL ANIMAL UNITS AT 16315 209TH STREET NORTH. CORREY AND MICHELLE LORENZ, APPLICANTS. (TABLED FROM JANUARY 17, 2023 MEETING) (RESOLUTION NO. 02-21-23-02) February 21, 2023 Scandia City Council Page 6 of 7 Interim Administrator Hurlburt explained the necessary Council action to either deny or approve an Interim Use Permit to exceed the number of animal units permitted at 16315 2091h Street. The applicants are requesting up to 20 animal units to allow them to raise cattle on their land, a parcel 6.15 -acres in size. The application was tabled at both the December 20, 2022 and January 17, 2023 Council meetings, with a request to applicants Correy and Michelle Lorenz to provide a more detailed manure management plan to address concerns that the land is too small for the number of cattle proposed. The Lorenz's were not in attendance at this meeting. The statutory deadline for Council action is March 17, 2023 without agreement from the applicants to extend the review. Hurlburt provided an email dated February 14, 2023 with a proposed manure management plan. Mr. Lorenz described spreading the manure on his property and having neighbors accepting the excess to spread on their fields. Mr. Lorenz estimated 53 tons of manure a year would be produced, with his acreage capable of holding 61.5 tons. Manure collection would not be proposed during the winter months under frozen conditions. No written agreements or assurances from persons willing to take the excess manure were provided, which the Council had requested at their last meeting. Hurlburt said the Council will need to determine if the applicants demonstrated that the proposed use will not negatively affect the health and welfare of their neighbors. Hurlburt explained that another issue to discuss were their comments on the costs to review their application. A series of emails documented the discussion between staff and the applicants, who made clear they did not want any more money spent on their application and argued it was excessive due to staff turnover that could have caused extra costs for them. The previous planner held the public hearing in December, and at the first of the year Planner Hofer took over. Hurlburt said the Council could consider waiving some of the fee, as Hofer may have needed some extra time to review the application when Bolton & Menk took over planning services. The applicants currently have a balance of $950.00 owed to the city. Mayor Maefsky said she is okay with rescinding some of the planner's bill, and recommended deducting 2 hours of time from TKDA charges that they do not have to pay. Further discussion determined that time should be deducted from the Bolton & Menk billing for the month of January. Maefsky, second by Kronmiller, moved to deduct 2 hours of time from Bolton & Menk charges that the applicants do not have to pay. Motion carried 5-0. In discussion of the resolutions prepared to either deny or approve the IUP, Council member Kronmiller said the applicants did not clearly show how they will remove the quantity of manure produced by the cattle. Kronmiller said the manure is not contained and could wash off their property which slopes towards the river; this concern could create an ecological disaster to the surrounding properties. Kronmiller said his research shows 1-2 acres per cow is needed for manure management. Kronmiller said findings #4 and #5 of the denial resolution seem right; the proposed use could have an adverse impact on public health, safety, morals and general welfare of the public. Kronmiller questioned how one could get 20 cows on 6 acres without creating these health issues, and that they haven't shown us this. Kronmiller said he is in favor of denial. February 21, 2023 Scandia City Council Page 7 of 7 Council member Lubke said this would result in a lot of manure for that parcel to handle; he supports their idea to raise cattle, but wants to make sure it's safe for the area. Council member Benson said that neighbors with cattle were referenced by the applicants that were not causing problems. Council member Cusick said this refers to a farm to the north having 10 cows on 25 acres; there is no runoff from that property while the Lorenz land is sloped. The runoff will go downhill towards the river. Cusick added that this property is part of a subdivision with close residences. Council member Lubke questioned if they should wait for one more meeting to give them a chance to attend. Kronmiller noted there is a 40 -foot drop from their house to the road. Kronmiller, second by Cusick, moved to adopt Resolution No. 02-21-23-02, Denying Interim Use Permit for 16315 209' Street North. Motion carried 5-0. ADJOURNMENT Benson, second by Kronmiller, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:22 p.m. Respectfully submitted, Brenda Eklund City Clerk